California Libertarian Hispanic-Surnamed Candidates Exceed Normal Libertarian Vote

December 31st, 2010

In 2010, the California Libertarian Party ran two candidates for U.S. House who have unambiguously Hispanic surnames.  They are Edward Gonzalez, an elementary school director in San Jose; and Carlos A. Rodriguez, an immigration lawyer in San Fernando.  Each had opponents from both major parties.  Gonzalez, running in the 16th district, polled 7.88%.  Rodriguez, running in the 28th district, polled 8.05%.

These two showings are the highest percentages received by California Libertarian candidates for U.S. House (excluding races in which only one major party ran anyone) since 1992.



Virginia Files Brief in Petitioner Residency Case, but Lists No State Interest in that Restriction

December 31st, 2010

On December 30, 2010, Virginia filed this response brief in Libertarian Party of Virginia v Virginia State Board of Elections, the case pending in the 4th circuit over the requirement that only residents of a U.S. House district may circulate petitions for a candidate running in that district.  Although the brief includes 23 pages of argument, it does not say what the state interest is in having this restriction.  It merely asserts that the restriction is a ballot access restriction.  But any discussion of the purpose of the restriction is missing.

The evidence in this case already shows that Virginia has never had more than 6 candidates on the general election ballot for U.S. House (in a regularly-scheduled election), even in the period 1896-1936 when independent and minor party candidates for U.S. House needed no signatures and no fee in order to get on the ballot.  So, one reads the brief and wonders why does the state need to enforce a law that says a circulator can’t work if he or she doesn’t live in that district?

Three More Alaska Legislators Show Interest in a Bill to Clarify Law on Write-ins

December 31st, 2010

Three more Alaska legislators, one a Republican, and two Democrats, have told the press they intend to work for a change in the law on counting write-ins.  Each of these legislators expressed the idea that write-ins that are spelled incorrectly should still be valid.  See this story.

Another Alaska bill, which has not had publicity, will be introduced by Representative Max Gruenberg.  His bill will ease the number of registered voters that a group needs to become a ballot-qualified party.

Honolulu Candidate Elected to City Council with only 18.49% of Total Vote

December 30th, 2010

On December 29, Honolulu held a special non-partisan election to fill a vacant city council seat.  Fourteen candidates ran.  There is no provision for any run-off.  The winner, Tom Berg, won with only 18.49% of the vote.  See here for the election returns.  Thanks to Brandon Henderson for the link.

Alaska Governor Certifies Lisa Murkowski Election

December 30th, 2010

On December 30, Alaska state officials certified the U.S. Senate election results, showing that Lisa Murkowski was re-elected.  See this story.  Thanks to Rick Hasen’s ElectionLawBlog for the link.

Former Leaders of New Alliance Party Have Become Leading Opponents of Ballot Access Reform

December 30th, 2010

Government-printed ballots in the United States were first created in 1888, and almost from the start, opponents of new and minor political parties started manipulating the ballot access laws to keep certain parties off the ballot.  The first such instance was in Nevada, when the 1893 legislature increased the petition requirement for new parties and independent candidates to 10% of the last vote cast, in a vain attempt to keep the Peoples (Populist) Party off the ballot.

But in over a century of struggle to avoid monopolization of the general election ballot to just the two major parties, there has never been a pressure group that worked in favor of restrictive ballot access laws, until very recently.  Leaders of the former New Alliance Party, who have renamed themselves several times, now call themselves IndependentVoting.org.  They hold themselves out as the leaders of independent voters, but they have become a pressure group working to limit choices on the general election ballot to just Democrats and Republicans.

IndependentVoting fund-raising pitches say that the organization’s goal is to enable independent voters to vote in major party primaries.  However, the bulk of IndependentVoting’s activity during 2010 has been to advance the goal of switching California to the top-two system.  This is ironic, because California had already been a state (ever since 2001) in which independent voters were already able to vote in all major party primaries for Congress and state office.

Compared to Republican and Democratic voters, independent voters are the most supportive voters for minor party candidates.  For example, see this poll taken in the North Carolina U.S. Senate race in 2010, which shows that Libertarian Party nominee Michael Beitler received the support of 12% of independent voters, whereas he received the votes of only 3% of the major party voters.  Other polls that give this much detail, from other states in 2010, showed similar results; see this example from California.  Thus, when a new election system appears that removes minor party candidates from the general election ballot, that new system disproportionately injures independent voters more than it injures any other voters.

The California top-two proposal does more harm than just removing minor party candidates from the general election ballot.  It says write-ins can’t be counted in November for Congress and state office; it makes it far more difficult for a minor party to remain on the ballot for President; it discriminates against independent candidates by not letting themselves use the label “independent” on any ballot; and it vastly increases the number of signatures to get on the primary ballot for minor party candidates who don’t pay the filing fee.  Notwithstanding all these harms done to voting rights, IndependentVoting enthusiastically supports the top-two law in California, and expresses open hostility toward minor parties.  For example, see this cartoon, carried on a blog associated with IndependentVoting.

IndependentVoting communications have been dishonest.  IndependentVoting has repeatedly asserted that independents were not permitted to vote in major party primaries in California before the adoption of the top-two system.  IndependentVoting has also recently inaccurately claimed that the California Supreme Court upheld Proposition 14, when the truth is that the court merely declined to expedite the case.  IndependentVoting also fosters confusion, by constantly referring to the California top-two system as an “open primary”.

Members of the New Alliance Party were once defenders of voter choice in the general election.  The New Alliance Party won ballot access lawsuits in Alabama, California, Florida, Massachusetts, Michigan, North Carolina, Texas, and Washington.  Activists from the New Alliance Party wrote the first bill in Congress to outlaw restrictive ballot access laws, introduced by Congressman John Conyers in 1985.  They worked hard for that bill, which was re-introduced in 1987 and 1989.  In 1990, the Rainbow Lobby, associated with the New Alliance Party, managed to get 40 co-sponsors for the bill, although it did not pass.  The New Alliance Party also filed many lawsuits against the Commission on Presidential Debates, trying to end the Democratic-Republican monopoly on presidential debates.  These cases did not win, but they came closer to winning than any other lawsuits on this subject, and one of the New Alliance debates lawsuits won a procedural victory on standing to file such lawsuits.

Minor parties are hoping to persuade the U.S. Supreme Court to hear cases against the Georgia and Hawaii ballot access laws, and are also hoping to persuade the U.S. Supreme Court to hear the case against Connecticut’s discriminatory law on public funding of candidates, which requires independent candidates to submit a petition of 20% of the last vote cast (in addition to raising the same number of small campaign contributions that major party candidates must raise).  IndependentVoting has shown no interest in supporting these efforts, and judging from the cartoon, supports the Connecticut discrimination against independent candidates in the matter of public funding.

Concord, New Hampshire Newspaper Publishes Letter Accusing New Hampshire of Selfishness for Always Wanting to Have First Presidential Primary

December 30th, 2010

The Concord, New Hampshire Monitor has this letter to the editor from a former resident of New Hampshire who now lives in Oregon, David Appell.  The letter-writer scolds New Hampshire for its insistence on always holding the first presidential primary, and also for insisting that no caucus be held during the week after the New Hampshire primary.  The responses to the letter, in the comments section, are interesting.

Alaska State Senator to Introduce Bill Clarifying Which Write-ins are Valid

December 30th, 2010

Alaska State Senator Bill Wielechowski (D-Anchorage) says he will introduce a bill to clarify which write-in votes are valid and which are not.  See this story.  One imagines that if Senator Wielechowski were ever to be a write-in candidate, he would not be comfortable with any law that requires write-in votes to be spelled perfectly.

Washington State Bill Would Require All-Mail Ballots in All Counties

December 30th, 2010

Washington state representative Sam Hunt has introduced HB 1002, to require all counties in Washington state to use only mail ballots.  Currently, all counties in the state except Pierce County vote entirely by mail.  The bill would force Pierce County to give up its polling places.  See this story.  Currently, Oregon is the only state which uses only mail ballots.

For Second Time, Illinois Asks for More Time to Respond to U.S. Supreme Court in Roland Burris Case

December 29th, 2010

On December 29, the U.S. Supreme Court again gave Illinois an extension of time in which to respond in Burris v Judge, 10-367.  Illinois’ response was originally due on November 3, but the state had asked for an extension until January 7, 2011.  That was granted, and now the state has been given another extension, to January 21.

Roland v Burris is the interesting case in which the lower courts said that the state should list on the November 2, 2010 ballot, for the special U.S. Senate election, only the names of candidates who had also qualified to be on the ballot for the U.S. Senate, regular term.  U.S. Senator Roland Burris didn’t want to run in the election for the next 6-year term.  But he did want to run in the special election for the two-month term.  Yet, he was not permitted to do so.

« Previous Entries
Next Page »

 

  

Paper Issues:

Blog Archives

Syndication

Subscribe to Ballot Access News via PayPal. Subscriptions are $15 for 12 issues a year ($20 foreign). Additional donations are welcome.

Subscribe to Ballot Access News via PayPal.
If you use your credit card to pay via PayPal, use this button.

 

Search Ballot Access News

Loading

 
Access to this site is free. Your donations support this site and the activities of Richard Winger in lobbying for free and open elections.

To subscribe via mail, click here and print out the form to mail.

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.

Issues available:

2012:

2011:

2010:

2009:

2008:

2007:

2006:

2005:

2004:

2003:

2002:

2001:

2000:

1999:

1998:

1997:

1996:

1995:

1994:

1993:

1992:

1991:

1990:

1989:

1988:

1987:
   

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.