D.C. Board of Elections Interprets Vote Retention Law Liberally in order to Avoid Disqualifying Republican Party

At the November 2010 election, no Republican nominee for District of Columbia partisan office polled as many as 7,500 votes, except for the Republican nominee for “Shadow U.S. Representative.”  The District of Columbia elects “shadow” U.S. Senators and a U.S. House member.  However, those “shadow” offices don’t count for purposes of meeting the vote test.

The District of Columbia defines a party as a group that polled as much as 7,500 votes in the last election, for the offices that do count.  When it became apparent that no Republican had polled as many as 7,500 votes this year for an office that counts toward the vote test, it seemed that the party had lost its qualified status.

However, the D.C. Board of Elections has now interpreted the law to mean that a party that meets the vote test for its presidential nominee is then immune from having to meet the vote test in the following midterm year.  The law itself is worded ambiguously.  It says, “The nomination and election of any individual to the office of Delegate, Mayor, Chairman of the Council and member of the Council shall be governed by the provisions of this subchapter.  No political party shall be qualified to hold a primary election to select candidates for election to any such office in a general election unless, in the next preceding election year, at least 7,500 votes were cast in the general election for a candidate of such party for any such office or for its candidates for electors of President and Vice President.”

John McCain polled more than 7,500 votes in 2008 in the District of Columbia.  In 2010, the Republican nominee for Delegate, Missy Reilly Smith, only polled 7,401 votes.  No Republican ran for Mayor, or Chairman of the City Council, or at-large Member of the Council.  The Republican who ran for “shadow” U.S. Representative polled 10,181 votes, but as noted above, the shadow offices don’t count toward meeting the vote test.

The Statehood Green Party easily met the 2010 vote test for two offices that count.  It polled 4,119 votes for Delegate, 1,341 for Mayor, 12,055 for Chairman of the Council, and 11,799 for At-large member of the Council.

See this story.  Thanks to Mike Feinstein for this news.  In D.C., there is no method for a group to transform itself into a qualified party, except to place a nominee on the general election ballot and hope he or she polls at least 7,500 votes.  Therefore, if the Republican Party were deemed not to be entitled to its own primary, in 2012 its presidential nominee would have been required to circulate a petition to get on the November ballot.  The petition is difficult, and no one successfully circulated it in 2008 except for Ralph Nader.


Comments

D.C. Board of Elections Interprets Vote Retention Law Liberally in order to Avoid Disqualifying Republican Party — 4 Comments

  1. Pingback: Ballot Access News » Blog Archive » D.C. Board of Elections … | The Daily Conservative

  2. It seems that such an interpretation should also mean that the Statehood Green Party will keep its ballot status until 2014 even if their 2012 presidential electors don’t get 7500 votes, correct? It appears that if the statute is ambiguous, it is ambiguous both ways. Is this interpretation issued in writing by the DC BOE, or do you know if it is going to be?

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