Idaho Democratic Party Maintains Open Primary for Itself

October 31st, 2011

Over the weekend of October 29-30, the Idaho Democratic Party formally decided to continue to permit all registered voters to choose a Democratic Party primary ballot. See this story. The decision was expected. The Idaho Democratic Party have been critical of the Republican Party for having sued the state to obtain a closed Republican primary.



Commission on Presidential Debates Announces Dates, Cities for General Election 2012 Debates

October 31st, 2011

On October 31, the Commission on Presidential Debates announced that it will again hold presidential general election debates, and named the dates and locations for each of the four debates. The only vice-presidential debate will be October 11, at Centre College in Danville, Kentucky.

The three presidential debates will be: (1) October 3, University of Denver; (2) October 16, Hofstra University in Hempstead, N.Y.; (3) October 22, Lynn University in Boca Raton, Florida.

Also on October 31, the Commission said that its old rules for inclusion will still apply: 15% in the polls and on the ballot in enough states to theoretically win the election.

The Commission is famous for its prejudice against minor party and independent candidates, but it is also seems unfair to the different regions of the country. The Commission has sponsored 26 debates for president and vice-president starting in 1988. Eleven have been in the South, seven in the Midwest, but only four in the East, and only four in the West. Thanks to Thomas Jones for this news.

U.S. Supreme Court Won’t Require Mississippi to Use 2010 Census Data for This Year’s Elections

October 31st, 2011

On October 31, the U.S. Supreme Court summarily affirmed the decision of a 3-judge U.S. District Court in the southern district of Mississippi. The 3-judge court had ruled on May 16, 2011, that the 2011 legislative elections may be held using the districts drawn after the 2000 census. The NAACP had argued that because the state now has its 2010 census data, the Constitution requires that the state must redistrict using the 2010 census data in time for the 2011 election. The lower court case is Mississippi State Conference of the NAACP v Barbour, 3:11-cv-00159. In the U.S. Supreme Court, the case was 11-82.

The 3-judge court in Mississippi has retained jurisdiction of this case. The decision makes it clear that the new districts must be drawn in 2012. It is still an open question whether, after the new districts are drawn in 2012, all the state legislators will need to run again in special elections in 2012. Mississippi elects all its state legislators for four-year terms in the odd years preceding presidential election years (including 2011, of course). If no special elections for state legislators are held in 2012, that will mean the old districts, based on the 2000 census, will have been in effect until the 2015 election.

October 2011 Ballot Access News Print Edition

October 31st, 2011

Ballot Access News
October 1, 2011 – Volume 27, Number 5


This issue was printed on white paper.


Table of Contents

  1. MINOR PARTY PETITIONS ELIMINATED IN FLORIDA, OHIO
  2. NEBRASKA VICTORY
  3. THIRD CIRCUIT CHANGES MIND ON CARL LEWIS
  4. CALIFORNIA WRITE-INS SAVED IN LEGISLATURE
  5. OPEN PRIMARY LAWSUIT NEWS
  6. MORE LAWSUIT NEWS
  7. BOOK REVIEW: VITO MARCANTONIO: RADICAL POLITICIAN 1902-1954
  8. BOOK REVIEW: IN THE BALANCE OF POWER: INDEPENDENT BLACK POLITICS AND THIRD-PARTY MOVEMENTS
  9. OREGON INCOME TAX MONEY FOR PARTIES
  10. MOST RECENT USE OF STATEWIDE NEW PARTY QUALIFICATION PROCEDURE
  11. 2012 PETITIONING FOR PRESIDENT
  12. 20% OF VOTERS SAY THEY ARE NOT DEMOCRATS, REPUBLICANS, OR INDEPENDENTS
  13. NEW YORK SPECIAL ELECTIONS
  14. NEVADA SPECIAL ELECTION
  15. MISSISSIPPI RECOGNIZES SHAWN O’HARA FACTION OF REFORM PARTY
  16. LOUISIANA 2011 ELECTION
  17. VIRGINIA 2011 ELECTION
  18. SUBSCRIBING TO BAN WITH PAYPAL

Uncertainty over Texas Redistricting Could Postpone Candidate Filing Period

October 31st, 2011

According to this story, courts that are currently evaluating Texas’ new U.S. House districts might conceivably alter the deadline by which candidates file for the primary.

Efforts Underway in at Least Six States to Lobby for Better Ballot Access Laws in 2012

October 30th, 2011

The last two months of the year are good times for anyone who wants better ballot access laws (or better laws of any kind) to ask a state legislator to introduce such bills early in the following calendar year. While state legislative sessions in most states are longer and more active in odd years, almost all state legislatures meet in even-numbered years as well.

If a legislator is not approached in the next two months, he or she is likely to tell you that it is already too late, because in most state legislatures, there is a limit on the number of bills that any one legislator may introduce.

In Alabama, Don Webb has already persuaded Senator Cam Ward to introduce a bill to replace mandatory petitions for candidate ballot access with a filing fee. That bill should be pre-introduced shortly.

In New York, Harry Kresky has been diligently working for a bill to replace mandatory petitions for candidate ballot access with filing fees. Kresky is chair of the election law committee of the New York County Lawyers Association. That association, as well as the New York City Bar Association, has already approved the idea. Now the work will begin to persuade the State Bar Association, and then to find a sponsor in the legislature.

In Nebraska, the Libertarian Party believes it has already found a sponsor for a bill to say that when a party meets the vote test to retain its place on the ballot, the effect of meeting the vote test lasts four years, not just two years.

In Georgia, the Advisory Commission on improving the election laws will probably release its report soon, and it is hoped that the report will recommend a substantial easing of the ballot access laws.

In California, an influential state legislator has already tentatively agreed to amend an existing election law, to re-define “political party” so as to require it to have registration of one-third of 1% of the last gubernatorial vote, instead of the current 1%. If this idea were to pass, the Libertarian Party, the Peace & Freedom Party, and also Americans Elect, would be spared the need to do an expensive registration drive (to increase the number of registered voters in these parties) in order to remain ballot-qualified.

In North Carolina, the ballot access improvement bill that has passed the House may yet get a vote in the Senate in the special session next month.

Ohio Law that Criminalizes “Making a False Statement Concerning the Voting Record of a Candidate” Challenged in 6th Circuit

October 30th, 2011

In 1995, the Ohio legislature passed SB 9, which says “No person, during the course of any campaign for nomination or election to public office or office of a political party, shall knowingly…make a false statement concerning the voting record of a candidate or public official.” Ever since enactment, this law has been the subject of lawsuits over how it should be interpreted, and whether it is constitutional. A fresh onslaught against the law is pending in the 6th circuit, Susan B. Anthony List v Steven Driehaus, 11-3894.

The new lawsuit was triggered when Democratic Congressman Steven Driehaus filed a complaint in 2010 (while he was running for re-election) against the Susan B. Anthony List, which intended to run billboards that said, “Shame on Steve Driehaus! Driehaus voted for taxpayer-funded abortion.” The Susan B. Anthony List is a pro-life political organization. Enforcement of the Ohio law is in the hands of the Ohio Election Commission, which is composed of political appointees. Although Driehaus held himself out as a pro-life member of Congress, he voted for President Obama’s health care bill. He said that because President Obama promptly issued a regulation banning use of federal funds to pay for abortion, he did not vote for taxpayer-funded abortion, and the billboard message was therefore false. The Anthony List points out that federal regulations can be withdrawn, and defends the essential accuracy of its proposed billboards, which were never erected due to the legal threat.

The Anthony List then filed a lawsuit in U.S. District Court in Cincinnati, arguing that the Ohio law, criminalizing untrue messages in campaigns, is unconstitutional, at least as applied in this situation. The case is Susan B. Anthony List v Driehaus and Ohio Elections Commission, 1:10-cv-754. Congressman Driehaus was defeated for re-election in November 2010, and in December he withdrew his complaint that had been pending in the Ohio Elections Commission. But, he then countersued in the pending federal case, and charged the list with defamation and loss of livelihood.
The case was assigned to U.S. District Court Judge Timothy S. Black, who ruled on August 1 on procedural grounds (standing, ripeness, 11th amendment, among others) that the List’s lawsuit against the law should be dismissed. Given that the law was therefore still intact, he said the Driehaus defamation lawsuit against the List could proceed, and permitted discovery on whether the List had an animus against Driehaus.

The List has now asked the 11th circuit to reverse the U.S. District Court’s decision that said the List’s lawsuit against the Ohio law should be dismissed. The lawsuit is getting a great deal of publicity, especially on television public affairs programs with hosts who are angry with Driehaus. Driehaus is now working overseas in the Peace Corps. Judge Black has been criticized for not recusing himself, since between 1986 and 1989 he was President and Director of Planned Parenthood Association of Cincinnati. Thanks to Eric Garris for this news.

Five Libertarian Presidential Candidates Debate Each Other

October 30th, 2011

At the recent Illinois Libertarian Party state convention, five candidates seeking the presidential nomination of the Libertarian Party debated each other: Roger Gary (Texas), R. J. Harris (Oklahoma), Carl Person (New York), Bill Still (Virginia), and Lee Wrights (Texas). The debate can be seen if one goes to rjharris2012.com. Scroll down to “Illinois 2012 Libertarian Presidential Candidate Forum.” The debate lasts an hour. The convention was October 21-23 in Bloomington.

If, while you are watching, the picture vanishes, be patient; it comes back fairly quickly. And even while the picture is missing, the sound continues.

UPDATE: the video is available on the R. J. Harris campaign web page rjharris2012.com, and also on the Lee Wrights campaign web page, wrights2012.com.

Apparently, the only two political parties in the United States that have had presidential candidate debates so far this year are the Republican and Libertarian Parties. If there are other examples, perhaps a commenter can say so. Thanks to Independent Political Report for the news.

Rare Book on Nader 1996 Presidential Run is Available On-Line

October 29th, 2011

Linda Martin’s book “Driving Mr. Nader, the Greens Grow Up”, is apparently the only book ever written about Ralph Nader’s 1996 presidential campaign. Although lots has been written about his runs in 2000, 2004, and 2008, the fascinating 1996 campaign seems almost forgotten. Even though Nader refused to spend more than $5,000 on his 1996 campaign, and even though he was only on 23 ballots, he placed fourth in 1996. Here is the link to the book. It has been virtually impossible to find in paper form, because fewer than 500 copies had been printed.

New Hampshire Republican Presidential Primary Will List 30 Candidates

October 29th, 2011

Thirty candidates will be listed on the January 10, 2012 New Hampshire Republican presidential primary ballot. This is the second-most crowded presidential primary ballot in U.S. history. The most crowded ever was the New Hampshire Democratic presidential primary ballot in 1992, when thirtysix candidates were listed. See this story.

The New Hampshire Democratic presidential primary only has 14 candidates listed, the smallest number in the New Hampshire Democratic primary since 1980.

New Hampshire has very strict ballot access laws for the general election, which courts have upheld on the theory that voters will be confused if too many candidates appear on the ballot. In 2004, only three presidential candidates appeared on the New Hampshire November ballot.

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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!

Ballot Access News is edited and published by Richard Winger, the nation's leading expert on ballot access legal issues.

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Essays by Richard Winger:

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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!

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.