HTML Online Editor Sample

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

formats

Virginia Libertarian Lawsuit on Ballot Order Survives State’s Motion to Dismiss

Published on September 16, 2014,

On September 15, U.S. District Court Judge Robert E. Payne denied Virginia’s request to dismiss the Libertarian Party’s lawsuit challenging Virginia’s law on the order of candidates on general election ballots. The law says the nominees of the qualified parties always have the top spots on the ballot.

There will be another hearing on October 28 at 2 p.m. No matter what happens, the case won’t affect this year’s ballot.

Comments Off.
formats

Kansas Poll Shows Independent Candidate for U.S. Senate Leading

Published on September 16, 2014,

On September 16, Public Policy Polling released a poll for several races in Kansas. The results for U.S. Senate are: independent Greg Orman 41%; Republican incumbent Pat Roberts 34%; Democrat Chad Taylor 6%; Libertarian Randall Batson 4%; undecided 15%.

See here for the full results, including gubernatorial results that show the Libertarian at 7%. If the Libertarian running for Governor, Keen Umbehr, does get as much as 5%, the Libertarian Party will qualify for its own primary for the next four years. No party, other than the Democratic and Republican Parties, has had its own primary in Kansas since 1954. Before 1955, all qualified parties in Kansas nominated by primary. The 1954 primaries were for the Democratic, Republican, Prohibition and Socialist Parties. Thanks to PolitcalWire for the link.

formats

New Jersey Voters Who Oppose Partisan Primaries File Appeal

Published on September 16, 2014,

On September 9, the plaintiffs in Balsam v Guadagno filed a notice of appeal to the Third Circuit. This is the case in which some New Jersey voters argue that the U.S. Constitution does not permit governments to pay for the expenses of partisan primaries. In the Third Circuit the case is 14-3882. The U.S. District Court had upheld the New Jersey law that pays for partisan primaries.

Comments Off.
formats

Kansas Supreme Court Web Page Allows Anyone to Hear Today’s Election Law Oral Argument

Published on September 16, 2014,

On September 16, the Kansas Supreme Court will hear the case over whether the Democratic Party may withdraw its nominee for U.S. Senate, Chad Taylor. The oral argument starts at 9 a.m. Kansas (central) time. Anyone may hear the oral argument online at kscourts.org/kansas-courts/supreme-court/arguments.asp.

This is an important case for those who believe in the rights of political parties to make their own decisions about nominees. The Kansas Democratic Party doesn’t wish to have its own nominee for U.S. Senate because it is supporting independent candidate Greg Orman.

Comments Off.
formats

U.S. District Court Refuses to Order California to Show Write-In Space on Ballots

Published on September 16, 2014,

On September 4, U.S. District Court Judge David Carter refused to require California to show write-in space on ballots for the November 2014 election. Milonopoulos v Bowen, central district, 2:14cv-5973.

The denial of injunctive relief is mostly based on the 1992 U.S. Supreme Court decision Burdick v Takushi, which upheld Hawaii’s ban on write-in space on ballots. The order denying injunctive relief does not take into account that Hawaii ballot access to the general election was far, far easier than California’s current access to the general election, for Congressional elections. In Hawaii, a minor party candidate for Congress could appear on the general election ballot if his party was a qualified party and the candidate won his party’s primary, which could be accomplished with a single vote if no one was running against that candidate in that party’s primary.

By contrast, in California, no one can get on the November ballot unless he or she places first or second in the June primary. Even a candidate supported by 30% of the voters may (depending on how the other candidates poll in the primary) fail to qualify for the November ballot.

Comments Off.
formats

California Political Analyst Joe Mathews Writes on Oregon Top-Two Initiative Campaign

Published on September 16, 2014,

Joe Mathews of California has this Fox & Hounds commentary on the Oregon initiative for a top-two primary, and the effect of the Oregon Citizens Review process.