On September 1, the Florida Secretary of State ruled that the new requirement that parties not recognized by the Federal Election Commission must submit 112,174 valid signatures in 2012, to be on the ballot for President, will not be enforced by his office.
The new presidential ballot access law, signed by the Governor on May 19, 2011, will thus have no harmful effect on any qualified party, even a party that hasn’t yet come into existence. The law says that qualified parties not recognized by the Federal Election Commission as “national committees” must submit signatures equal to 1% of the number of registered voters at the previous election.
The basis for the Secretary of State’s ruling is that it is not his office’s duty to determine the qualifications of presidential nominees. If the ballot-qualified party submits a list of presidential elector candidates, and the names of the presidential and vice-presidential nominees they are pledged to, they will be put on the ballot. And it is true, the Secretary of State has no official knowledge of which parties have “national committee” status from the FEC.
Underlying all this is the separate point that the new presidential petition probably violates the Florida Constitution, because the Florida Constitution says ballot access for minor parties and independent candidates can’t be more difficult than the requirements to place Democratic Party nominees on the ballot. The Secretary of State’s ruling points out that some private individual or group may sue to force the removal of any presidential nominee, but if anyone sues the Secretary of State to remove the nominee, the Secretary of State and the nominee would undoubtedly defend themselves by pointing out that the 2011 requirement violates the Florida Constitution.
Last week’s ruling is especially good news for Americans Elect, the Prohibition Party, the Party for Socialism and Liberation, and the Socialist Workers Party, four parties that have been ballot-qualified in Florida all along, and which intend to have presidential nominees in 2012, and which are not recognized by the FEC. Thanks to Dan Winslow for the news. UPDATE: here is the Secretary of State’s ruling. FURTHER UPDATE: this post was re-written on September 18 to improve its accuracy. The original post had been written before the letter was available.
Wonderful News! An answer to a prayer! For any atheists among us, you will just have to be offended, but I say “Praise the Lord!” But before we all get too cocky, let’s make sure this “monster” is not allowed to raise its head again. We can be sure, both the Democrats and Republicans will not rest until they figure out a way to get back just like it was pre-1998 when any new or existent 3rd party, or independent candidate, had to obtain some 3% of the signatures of registered voters in the respective election jurisdiction to get on the ballot just for that one election. Let’s never let those days come again – though in Alabama, for example, we still have somewhat the same monstrosity holding 3rd parties and independents back. Maybe someday – with God’s Blessings – that too will change.
Since when is a party hack SOS needed to determine that a law is past, present or future ???
The LAW is the LAW.
One more super-obvious major reform via a const amdt – NO retroactive laws PERIOD.
The current no ex post facto stuff in the Fed/State consts is generally deemed for *criminal* stuff only.
Wahoo! This is great!
Alabama Independent, this means that Jack Fellure will have a better chance of getting on the Florida ballot.
To Libertarian Voter: Yes, this means – if the SOS’s decision is not stuck down by a Democratic/Republican contrived Court Injunction – that Jack Fellure will be on Florida’s ballot. The Fellure-Davis ticket has the best opportunity the party has had for making a good showing nationally for the Prohibition Party in decades. I wish them well.
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This is great news for the BTP, as well.
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