Home General January 2013 Ballot Access News Print Edition
formats

January 2013 Ballot Access News Print Edition

Published on January 29, 2013, by in General.

Ballot Access News
January 1, 2013 – Volume 28, Number 8


This issue was printed on gray paper.



Table of Contents

  1. D.C. REPEALS RESIDENCY RESTRICTION FOR PETITIONERS
  2. U.S. SUPREME COURT ASKED TO HEAR POSTAL PETITIONING CASE
  3. IN U.S. HOUSE DISTRICTS WITH AN “OTHER” CHOICE, “OTHERS” RECEIVED 5.8%
  4. LAWSUIT NEWS
  5. LEGISLATIVE NEWS
  6. SWP SEEKS TO RETAIN $$ EXEMPTION
  7. OVER 22% OF CALIFORNIA VOTERS ABSTAINED IN ONE U.S. HOUSE RACE
  8. BOOK REVIEW: THE VOTING WARS
  9. 2012 U.S. HOUSE VOTE
  10. 2012 U.S. SENATE VOTE
  11. 2012 GUBERNATORIAL VOTE
  12. MINOR PARTY NON-PARTISAN WINS
  13. ERRATA, DECEMBER 2012 B.A.N.
  14. JILL STEIN SETS RECORD FOR WOMEN
  15. SUBSCRIBING TO BAN WITH PAYPAL

D.C. REPEALS RESIDENCY RESTRICTION FOR PETITIONERS

On December 18, the Washington, D.C., City Council unanimously passed Bill 19-1058, which repeals the ban on out-of-district petition circulators. The bill had been introduced on November 28. It had been brought up before the Council on December 4, but did not pass that day. The bill repeals the ban, but says that out-of-DC circulators must register with the Board of Elections working. Also, it says that if out-of-DC circulators don’t register, the signatures they collect are invalid.

The bill had been attacked on the blog www.dcwatch.com on December 12 and again on December 16. Blogger Dorothy Brizill said if the bill were enacted, fraud would occur. She argued that in 2004, proponents of an initiative to legalize gambling had committed fraud and had used out-of-district circulators. This argument is faulty, and her attempt to defeat the bill did not work.

The bill was supported by the Mayor, the City Council Chair, and the chair of the D.C. Board of Elections. The bill was introduced because the Libertarian Party had filed a federal lawsuit against the ban on July 30, and attorneys for the Board thought the better course was for the Board to simply repeal the residency requirement, and put an end to the lawsuit. The case is Libertarian Party v Danzansky, 1:12-cv-1248.

The only states that still outlaw out-of-state circulators are California, Connecticut, Maine, New Jersey, New York, North Dakota, Pennsylvana, South Dakota, and Virginia. The Maine and North Dakota bans only affect ballot measures. The South Dakota ban only affects ballot measures and candidate petitions, but not petitions to qualify a new party. The Virginia ban was invalidated earlier this year but the state is appealing.

The District of Columbia ban on out-of-district circulators has existed for approximately twenty years. The ban is one reason no conservative presidential candidate, running outside the two major parties, has ever appeared on the ballot in D.C. For instance, in 2000, when Pat Buchanan was the Reform Party nominee, he did not get on the ballot in D.C., even though he had been born there and had lived much of his life in the District. He did appear on the ballot in 49 of the 50 states (all but Michigan). No presidential nominee of the Constitution Party has ever been on the D.C. ballot either.


U.S. SUPREME COURT ASKED TO HEAR POSTAL PETITIONING CASE

On December 10, the Initiative & Referendum Institute asked the U.S. Supreme Court to hear its case over the postal regulation that won’t let passersby sign a ballot access petition on postal interior sidewalks. The ACLU is now representing the Institute. The case is Initiative & Referendum Institute v Postal Service, 12-722.


IN U.S. HOUSE DISTRICTS WITH AN "OTHER" CHOICE, "OTHERS" RECEIVED 5.8%

In the 2012 election, the percentage of voters who voted other than "Democratic" or "Republican" for U.S. House, in the districts in which such other choices were on the ballot, was 5.8%. Only 246 districts had an "other" choice on the ballot. In the entire nation, including all the districts (both those with an "other" choice and those without), Democrats received 48.9% of the total vote; Republicans received 47.8%; and minor party and independent candidates received 3.3%.

Because 246 districts is only 56% of all the districts, if one calculates the "other" percentage in just the districts with an "other" choice on the ballot, one arrives at the 5.8% figure.

In 2010, the national "other" vote in all the districts had also been 3.3%. However, in 2010, 300 districts had an "other" choice on the ballot. The main reason for the decline in the number of districts with a choice other than "Democratic" or "Republican" is that starting in 2012, California used the top-two system. Whereas in 2010, under the old system, 29 California districts had a choice other than the two major parties, in 2012 only four California districts had such a choice.

Here is the percentage of the vote received by "other" candidates for U.S. House over the past 22 years (including all the districts, not just the districts with an "other" choice on the ballot):

1990

2.5%

2002

3.6%

1992

4.2%

2004

2.7%

1994

2.8%

2006

2.5%

1996

3.1%

2008

3.1%

1998

3.8%

2010

3.3%

2000

4.2%

2012

3.3%

For purposes of these calculations, the District of Columbia Delegate is included in the list of seats, so that the nation is deemed to have 436 races for U.S. House. Also, for purposes of the calculation, write-in votes cast for scattered or miscellaneous names are excluded, since it is virtually impossible to classify these names into any particular party’s column, nor the independent column either. Write-ins are included when the write-in candidate was officially nominated by a political party, and that party was not on the ballot.


LAW
SUIT NEWS

Alabama: the lawsuit filed almost a year ago by the Constitution, Green and Libertarian Parties, against the March petition deadline for newly-qualifying parties, is still far from a decision. Recently the state deposed Gary Johnson and Jill Stein. As far as is known, no state has ever deposed the presidential nominees of plaintiff political parties in any ballot access case before. The state seems determined to find some evidence that will help it defend the March deadline, in the face of a 22-year old precedent from the 11th circuit that even April is too early for this type of petition (Alabama is in the 11th circuit).

Arizona: on November 3, oral argument was held in Az. Libertarian Party v Bennett, over the state’s voter registration form. It lists the Democratic Party and the Republican Party and gives a checkbox for each party. If a voter wants to register into any other party, or wishes to register "independent", the voter must write-in that choice on a small blank line. The case was filed by the Green and Libertarian Parties, both of which are entitled to their own primary and both of which will be assisted in remaining on the ballot if enough voters register into those parties. The hearing went well and a decision is expected soon.

California: the 9th circuit will hold an oral argument in Chamness v Bowen in Pasadena on February 13. This is the case that challenges the law that says candidates who are not registered members of qualified parties must appear on the ballot, for Congress and state office, with the label "no party preference." The term "independent" is permitted for presidential independent candidates, but not independent candidates for Congress or state office.

California(2): an Alameda County Superior Court must issue a ruling in Rubin v Bowen on or before January 9. The hearing was held on October 9 and decisions must be issued within three months.

The issue is whether the minor parties who filed this case against the top-two system are entitled to a trial, to present evidence that the system unconstitutionally injures voting rights for voters who wish to vote for minor party members for Congress or state office.

District of Columbia: the Libertarian Party is about to ask the U.S. Supreme Court to hear Libertarian Party v D.C. Board of Elections. The issue is whether election officials must tally all valid votes, including valid write-in votes for presidential candidates who file a declaration of write-in candidacy. The District of Columbia Board of Elections invites candidates to file such a declaration of candidacy, along with a list of presidential elector candidates, but then won’t count those write-in votes. This case arose in 2008 when Bob Barr failed to get on the ballot but filed for write-in status. The Coalition for Free & Open Elections (COFOE) is helping to pay for the appeal. Donations to COFOE have been essential in permitting this case to go ahead.

Hawaii: a trial will be held on August 6 in Justice Party v Nago, U.S. District Court, 1:12cv403. The issue is the February deadline for newly-qualifying parties to submit a petition. The Hawaii primary is not until August, so the February petition deadline seems unnecessarily early. Back in 1986, when the deadline was in April, another U.S. District Court enjoined the April deadline and said it was too early, but the legislature ignored the ruling.

Illinois: on December 17, the Green Party filed a lawsuit against a ballot access law that says if a nonqualified party wants to run someone in the special U.S. House, 2nd district, special election in April, it must submit 15,682 valid signatures before February 4. Jones v McGuffage, northern district., 12-cv-9997.

New York: on December 20, a U.S. District Court in Brooklyn heard Credico v New York State Board of Elections, 1:10-cv-4555.

The issue is the discriminatory law that says when two qualified parties jointly nominate the same candidate, his or her name appears on the ballot twice (and voters can choose which label to support) but when two unqualified parties jointly nominate the same candidate, the name can be listed only once, and the candidate must choose one of the two lines. The hearing went well; the state focuses mostly on procedural objections to the lawsuit, instead of defending the law. The case is over two years old; it originated in 2010 when both the Libertarian Party and the Anti-Prohibition Party nominated the same person for U.S. Senate.

Oklahoma: on December 17, the Green and Libertarian Parties voluntarily dismissed their ballot access lawsuit, which challenged the March 1 petition deadline for newly-qualifying parties. The original complaint had not charged that the law mandating primaries for newly-qualifying parties is itself unconstitutional, in the context of a June primary. The attorney for the parties had asked the court for permission to amend his complaint in June, but the judge simply refused to rule on the request. Because six months had passed, the parties decided it will be better to file an entirely new lawsuit around the 2014 election. In the meantime, it is possible the legislature will improve the law.

Tennessee: on November 30, the Sixth Circuit issued a 20-page opinion in Green Party of Tennessee v Hargett, 12-5271. It sent the case back to the U.S. District Court for more evidence-gathering concerning the issue of whether the Democratic and Republican Parties should always get the top line on the ballot.

Virginia: the 4th circuit will hear Libertarian Party of Virginia v Judd during the week of March 19-22. This is the challenge to the state ban on out-of-state circulators. The party won in the lower court and the state appealed. The state is mostly arguing procedure, instead of substance.


LEGISLATIVE NEWS

State legislators in Alabama, California, Maine, Massachusetts, North Carolina, North Dakota, Oklahoma, Pennsylvania, and Virginia have already said they will introduce bills in 2013 to improve ballot access. Efforts are being undertaken to find sponsors in Arizona, Arkansas, Georgia, Maryland, New Hampshire, South Carolina, Tennessee, and Wyoming.

The only ballot access improvement bill that already has a number is Virginia SB 690, which lowers the number of signatures for all presidential candidates (whether running in a presidential primary or in the general election) from 10,000 to 5,000. Senator Richard Black (R-Great Falls) is the author.

Already the bill deadline has passed in Indiana, and no bill to lower the number of signatures was submitted. However, a bill to eliminate the straight-ticket device was submitted. In Montana, where the petition deadline for independent candidates (for office other than President) was declared unconstitutional six months ago, no legislator has introduced a bill to repair the problem, and the deadline for new bills has passed, although there are ways around that deadline.


SWP SEEKS TO RETAIN $$ EXEMPTION

The Socialist Workers Party has long enjoyed an exemption from federal campaign laws that require candidates to file reports, listing the people who make campaign contributions. The exemption expired on December 31, 2012, and the party has asked the FEC to renew it.

The U.S. Supreme Court ruled in 1982 that because the party had shown that individuals identified with the party are likely to be harassed, the Court said the party should be exempt. But the exemption doesn’t last forever. The party has submitted evidence that the harassment problem still exists.


OVER 22% OF CALIFORNIA VOTERS ABSTAINED IN ONE U.S. HOUSE RACE

Official California election returns show that in the 31
st U.S. House district, where only two Republicans appeared on the ballot, over 22% of the voters who voted for President abstained from voting for Congress.

The district has many more registered Democrats than Republicans. The vote for President within the district, which is in San Bernardino County, was: President Obama 118,043; Mitt Romney 83,822; Gary Johnson 2,027; Roseanne Barr 822; Jill Stein 807; Tom Hoefling 721; various write-ins for President 853; total 207,095.

But, for U.S. House, the vote was: Gary Miller 88,964; Bob Dutton 72,255; total 161,219.

The reason only two Republicans, and no other candidates, were on the November ballot for Congress is the California top-two system. Proponents of that system delight in November elections that force all voters to choose just one of two members of the same party. They say that will force major party candidates to be more "moderate" or "centrist." But, in this case, both Republicans were conservatives, and they did not reach out to "moderate" themselves. As a result, 45,876 voters simply left the ballot blank. The district would almost certainly have elected a Democrat to Congress, if the voters had been permitted to do so.


BOOK REVIEW: THE VOTING WARS

The Voting Wars: From Florida 2000 to the Next Electionby Law Professor Richard Hasen, 239 pages, 2012.

Professor Hasen has for many years been the nation’s leading expert on election law. He has published several books and hundreds of scholarly articles about election law.

His interest ranges over all aspects of election law. This is his first attempt to write a book intended for a general audience.

The Voting Wars makes a very convincing case that U.S. election administration is in a shambles. He wrote the book before the November 2012 election. As we now know, there were no states in which the recent presidential election was truly close between President Obama and Mitt Romney. Also, there were no other statewide elections in November 2012 that required a recount. But, there could have been, and certainly in the future there will be.

The book gives clear and interesting explanations of the issues in the controversial recounts in Florida in 2000 for President, in Washington state for Governor in 2004, and in Minnesota for U.S. Senate in 2008, all of which were decided with margins of less than 600 votes. These recounts excited passions to the boiling point. Hasen justifiably believes that the future stability of the United States is at risk, unless election administration is drastically improved. Most democratic countries have found a way to have election administration administered by non-partisan experts, but the United States has not. We have big problems with voter registration, vote-counting equipment, polling place accessibility, and voter information. Furthermore, election administration is often in the hands of very partisan public officials, and that sows distrust.

Hasen is aware that he is perceived, correctly, as a Democrat, and he leans over backward to be fair to both "sides" in the controversies he discusses. The book does not deal with ballot access, or campaign finance, or voting rights for ex-felons or for the territories, or the Electoral College. However, readers of this newsletter would find Hasen’s book to be a good read. Once I started reading, I was unable to put it down until I had finished it. It illuminated many election law fights that I had heard about previously, but which I had not understood very well.


2012 U.S. HOUSE VOTE

~

Democratic

Republican

Libertarn.

Green

Wk Fam

Constit’n

other (1)

other(2)

indepndnt

Alabama

693,498

1,233,624

0

0

0

0

0

0

0

Alaska

82,927

185,296

15,028

0

0

0

0

0

5,589

Arizona

946,994

"Arial, Helvetica, sans-serif">1,131,663

82,282

5,637

0

0

6,740

0

0

Arkansas

304,770

637,591

37,987

57,706

0

0

0

0

0

Calif.

7,392,703

4,530,003

0

0

0

0

0

0

281,642

Colorado

1,080,061

1,143,616

85,764

33,526

0

29,353

0

0

77,885

Conn.

884,398

490,580

3,511

9,115

66,883

0

9,710

0

2,290

Del.

249,933

129,757

4,096

4,273

0

0

0

0

0

D.C.

228,376

0

16,524

13,243

0

0

0

0

0

Florida

3,392,402

3,826,522

11,176

0

0

0

17

0

282,809

Georgia

1,448,869

2,104,098

0

58

0

0

14

0

0

Hawaii

285,008

137,531

0

0

0

0

0

0

0

Idaho

208,297

406,814

12,265

0

0

0

0

0

7,607

Illinois

2,743,702

2,207,818

0

32,404

0

0

10

0

73,848

Indiana

1,142,554

1,351,760

59,429

0

0

0

0

0

0

Iowa

772,387

726,505

0

0

0

0

6,286

0

30,291

Kansas

195,505

740,981

121,253

0

0

0

valign="TOP">

0

0

0

Kentucky

684,744

1,027,582

4,914

0

0

0

0

0

28,137

Louisiana

359,190

1,143,027

124,572

0

0

0

0

0

78,828

Maine

427,819

265,982

0

0

0

0

0

0

0

Maryland

1,626,872

858,406

69,298

10,104

0

0

0

0

0

Mass.

2,080,594

697,637

16,739

0

0

0

0

0

84,595

Michigan

2,327,985

2,086,804

102,141

25,379

0

22,793

3,251

0

12,791

Minn.

1,560,984

1,210,409

0

0

0

0

36,433

9

0

Miss.

411,398

703,635

21,566

0

0

2,390

64,581

0

4,605

Missouri

1,119,554

1,463,586

87,774

0

0

4,971

0

0

0

Montana

204,939

255,468

19,333

0

0

0

0

0

0

Nebraska

275,205

494,933

0

0

0

0

0

0

0

Nevada

453,310

457,239

13,986

0

0

25,185

0

0

24,022

N. Hamp.

340,925

311,636

29,457

0

0

0

0

0

0

N. Jersey

1,794,301

1,430,325

9,396

11,183

0

1,082

406

3,881

30,027

N. Mex.

face="Arial, Helvetica, sans-serif">422,192

343,241

0

0

0

0

0

0

0

N. York

3,897,953

1,947,575

2,986

40,915

219,104

366

262,972

80,233

3,482

No. Car.

2,218,357

2,137,167

24,142

0

0

0

0

0

0

No. Dak.

131,870

173,585

10,261

0

0

0

0

0

0

Ohio

2,412,085

2,620,233

81,469

26,070

0

0

0

0

0

Okla.

410,324

856,872

16,921

0

0

0

0

0

41,818

Oregon

949,660

687,839

19,870

20,675

0

12,518

15,009

0

0

Penn.

2,793,442

2,710,070

e="Arial, Helvetica, sans-serif">6,210

0

0

0

0

0

34,988

R.I.

232,679

161,926

0

0

0

0

0

0

32,716

S.Car.

714,191

1,026,129

6,334

16,310

28,614

0

0

0

0

S.Dak.

153,789

207,640

0

0

0

0

0

0

0

Tenn.

796,513

1,369,562

4,382

40,100

0

0

0

0

72,616

Texas

2,949,900

4,429,270

246,587

32,872

0

0

0

0

5,354

Utah

324,309

647,873

6,439

0

0

14,481

0

0

5,795

Vermont

208,600

67,543

0

0

0 <
/td>

0

4,065

0

9,455

Virginia

1,806,050

1,876,699

0

2,195

0

0

21,712

0

26,868

Wash.

1,636,726

1,369,540

0

0

0

0

0

0

0

W.Va.

254,803

380,590

0

0

0

0

0

0

0

Wisc.

1,445,015

1,401,995

6,054

0

0

0

0

0

15,331

Wyoming

57,573

166,452

8,442

0

0

4,963

0

0

0

TOTAL

59,536,235

57,972,629

1,388,588

381,765

314,601

118,102

431,206

84,123

1,273,389

Parties in the "Other(1)" column are Americans Elect in Arizona, Independent Party in Connecticut, Socialist Workers in Florida, Georgia, Illinois, Iowa; Natural Law in Michigan; Independence in Minnesota; Reform in Mississippi and New Jersey; in New York, 257,439 Conservative and 5,533 Socialist Workers; Progressive in Oregon; Liberty Union in Vermont; Independent Green in Virginia. Parties in the "Other(2)" column are Socialist Workers in Minnesota; Democratic-Republican Party in New Jersey; and Independence in New York.


2012 U.S. SENATE VOTE

~

Democratic

Republican

Libertarn.

Green

Constit.

Wrk Fam

Indepnce

other

indepndnt

Arizona

1,036,542

1,104,457

102,109

0

0

0

0

0

0

California

7,864,624

4,713,887

0

0

0

0

0

0

0

Conn.

792,983

604,569

25,045

0

0

35,778

0

46,520

0

Delaware

265,415

115,700

0

3,191

0

0

0

15,300

0

Florida

4,523,451

3,458,267

0

0

0

0

0

19

208,168

Hawaii

269,489

160,994

0

0

0

0

0

0

0

ign="TOP">

Indiana

1,281,181

1,133,621

145,282

0

0

0

0

0

0

Maine

92,900

215,399

5,624

0

0

0

0

0

386,676

Maryland

1,474,028

693,291

32,252

0

0

0

0

0

430,934

Mass.

1,696,346

1,458,048

0

0

0

0

0

0

0

Michigan

2,735,826

1,767,386

84,480

27,890

26,038

0

0

11,229

0

Minn.

1,854,595

867,974

0

0

0

0

73,539

30,531

13,986

Miss.

503,467

709,626

0

0

15,281

0

0

13,194

0

Missouri

1,494,125

>1,066,159

165,468

0

0

0

0

0

0

Montana

236,123

218,051

31,892

0

0

0

0

0

0

Nebraska

332,979

455,593

0

0

0

0

0

0

0

Nevada

446,080

457,656

0

0

48,792

0

0

0

0

N. J.

1,987,680

1,329,534

16,803

15,801

0

0

0

2,249

24,582

N. Mex.

395,717

351,260

0

0

0

0

0

28,199

617

N. York

4,420,043

1,514,647

31,894

42,442

0

250,580

138,255

240,819

21,985

No. Dak.

161,337

158,401

0

ce="Arial, Helvetica, sans-serif">0

0

0

0

0

0

Ohio

2,762,690

2,435,712

0

0

0

0

0

0

250,616

Pennsyl.

3,021,364

2,509,132

96,926

0

0

0

0

0

0

Rhode I.

271,034

146,222

0

0

0

0

0

0

0

Tenn.

705,882

1,506,443

20,936

38,472

18,620

0

0

0

29,836

Texas

3,194,927

4,440,137

162,354

67,404

0

0

0

0

0

Utah

301,873

657,608

0

0

31,905

0

0

8,342

7,172

Vermont

0

72,898

0

0

0

0

dth="10%" valign="TOP">

0

8,435

211,177

Virginia

2,010,067

1,785,542

0

0

0

0

0

0

0

Wash.

1,855,493

1,213,924

0

0

0

0

0

0

0

W.Va.

399,939

240,787

0

19,517

0

0

0

0

0

Wisconsin

1,547,104

1,380,126

62,240

0

70

0

0

0

16,455

Wyo.

53,019

185,250

0

0

0

0

0

6,176

0

TOTAL

49,988,323

39,128,301

983,305

214,717

140,706

286,358

211,794

411,013

1,602,204<
/font>

Parties in the "Other" column are Independent Party in Connecticut and Delaware; Socialist Workers in Florida; Natural Law in Michigan; Grassroots in Minnesota; Reform in Mississippi; Socialist in New Jersey; Independent American in New Mexico; Conservative in New York; Justice in Utah; Liberty Union in Vermont; Country in Wyoming.


2012 GUBERNATORIAL VOTE

~

Democratic

Republican

Libertarian

Green

Constitution

Liberty Union

U.S. Marijuana

indp.

Delaware

275,993

113,793

3,668

4,575

0

0

0

0

Indiana

1,200,016

1,275,424

101,868

0

0

0

0

0

Missouri

1,494,056

1,160,265

73,509

0

0

0

0

0

Montana

236,450

228,879

18,160

0

0

0

0

0

N.Hamp.

378,934

295,026

19,251

0

0

0

0

0

No. Car.

1,931,580

2,440,707

94,652

0

0

0

0

0

No. Dak.

109,048

200,525

2,618

0

0

0

0

5,356

Utah

277,622

688,592

22,611

0

17,696

0

0

0

Vermont

170,749

110,940

0

0

0

1,303

5,583

5,868

Wash.

1,582,802

1,488,245

0

0

0

0

0

0

W. Va.

335,468

303,291

8,936

16,791

0

0

0

0

TOTAL

7,992,718

8,305,687

345,273

21,366

17,696

1,303

5,583

11,224



MINOR PARTY NON-PARTISAN WINS

Greens in California: Mayor, Marina, Bruce Delgado; Live Oak School District Trustee, Santa Cruz County, Phyllis Greenleaf; Geyserville School District Trustee, Kimberly Ann Petersen; Canyon, Contra Costa County, School District Trustee, Karen L. Pickett; Fair Oaks Water District Director, Sacramento County, Randy Marx; Eureka Water Board, Kaitlin Sopoci-Belknap; Montecito Fire Protection District Director, John Abraham Powell.

Greens in D.C.: Advisory Neighborhood Commission, Carolyn Steptoe, Joyce Robinson-Paul and Renee Bowser.

Greens in Maine: Portland City Council, Kevin Donoghue and David Marshall; Portland School Committee, Holly Seelinger.

Greens in Minnesota: City Council, Crystal, Laura Libby; City Council, Hilltop, John Matheson.

Libertarian in Arizona: Continental Elementary School District Board, Ruth Bennett.

Libertarian in Arkansas: Prairie Grove Alderman, Casey Copeland.

Libertarians in California: Mountain View City Council, John Inks; Palm Desert City Council, Susan Marie Weber; Purissima Hills Water District, Brian Holtz.

Libertarian in Texas: Lago Vista City Council, Ed Tidwell.


ERRATA, DECEMBER 2012 B.A.N.

The December 1 2012 BAN omitted these partisan wins:

Green in Michigan: Newberg Township Clerk, Cass County, Korine Bachleda.

Libertarians in Louisiana: Atlanta Alderman, Randall Hayes; Sikes Alderman, Michael Riffe.

Also, the voter registration chart total for the "other" column should be 1,654,727, not 2,899,474. All the entries in that column are correct except the total, and the percentages are all correct.

In the 2014 petitioning chart, the chart should not have showed the Arizona Green Party is on the ballot. However, the party will be on the ballot if it can get its registration up to two-thirds of 1% by November 2013. Also in that chart, the Alabama petition requirement for 2014 for statewide independents is 44,829, not 5,000.


JILL STEIN SETS RECORD FOR WOMEN

Jill Stein, Green Party presidential nominee, polled .36% of the vote for President in November 2012. Th
at makes her the top vote-getting female presidential candidate in U.S. general elections. The previous record had been held by Lenora Fulani in 1988; she was on the ballot in all states and polled .24%.


SUBSCRIBING TO BAN WITH PAYPAL

If you use Paypal, you can subscribe to B.A.N., or renew, with Paypal. If you use a credit card in connection with Paypal, use richardwinger@yahoo.com. If you don’t use a credit card in conjunction with Paypal, use sub@richardwinger.com.

Ballot Access News is published by and copyright by Richard Winger. Note: subscriptions are available!


Go back to the index.

Copyright © 2013 Ballot Access News

3 Responses

  1. Michigan should be included in the first article’s list of states that still ban out-of-State petition circulators. Michigan’s Secretary of State still actively and declaratively prohibits the circulation of both candidate and new-party ballot qualifying petitions by any persons other than Michigan registered voters.

    A partial exemption to this requirement has been established for the circulators of initiative/referendum petitions and candidate-recall petitions, under which the circulators of those types of petitions are still required to be State residents, but need no longer be State- (or district-) registered voters. The partial exemption for initiative/referendum circulators stems from a 1999 amendment to the statute, which was intended to respond to the U.S. Supreme Court’s Buckley v. Am. Const’l Law Found. decision that year, under the narrowest possible reading. The partial exemption for candidate-recall petitioners later arose from the declaratory ruling issued in Bogaert v. Land (W.D. Mich. 2009), as officially limited only the then-applied restrictions on circulators of that particular type of petition.

  2. The statutory basis for that continuing prohibition is M.C.L. 168.544c(3), as further extended to all other types of petitions prescribed by the MI Election Law statute by sec. 544c(14).

  3. Richard Winger

    Thank you, Matt Erard. I hadn’t known that. But because Michigan is in the 6th circuit, and the 6th circuit already invalidated Ohio’s ban on out-of-state circulators in Ralph Nader’s case stemming from the 2004 election, Michigan can be successfully sued in the future if it tries to enforce its residency requirement.

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>

Protected with SiteGuarding.com Antivirus