Will U.S.A. Reflect on its Representation Flaws?

The 250th birthday of the United States ought to be a time for reflection of how our system of representative government is faulty.

1. The United States is the only nation in the world with elections for a national legislative body, in which adult citizens of the capital city have no voting representation. That violates every value of the Constitution and the other founding documents of the nation.

2. The United States is the only nation in the world in which candidates for chief executive officer appear on ballots, and yet the person who comes in second is sometimes proclaimed the winner over the candidate who places first.

3. Even though the Constitution says that anyone who meets the age, residence, and citizenship requirements can run for either House of Congress, one state, Georgia, does not permit anyone but a Republican or a Democratic nominee to run for U.S. House. The existing 5% law for other candidates is 83 years old and has never been overcome by a minor party candidate, and has not been overcome by an independent candidate since 1964, when the rules were easier. Evidence has been presented to judges in Georgia that at least twenty candidates have made vigorous attempts to qualify, and they have all failed. The Eleventh Circuit’s response in 2022 was to rule that states have a “compelling” interest in preventing candidates who don’t have huge support from running. The U.S. Supreme Court refused to disturb this ruling.

U.S. District Court Strikes Down Some Arkansas Restrictions on Initiative Petitions and Sets Trial for Other Issues

On June 30, U.S. District Court Judge Timothy Brooks, an Obama appointee, struck down some Arkansas restrictions on the initiative petitioning process. He set a trial to decide certain other issues, and he upheld the county distribution requirement. League of Women Voters of Arkansas v Jester, w.d., 5:25cv-5087. Here is the Opinion.

The ban on out-of-state circulators will go to trial. Also the ban on paying petitioners per-signature will go to trial.

Laws struck down include forcing initiative petitioners to show everyone they approach the petitioner’s photo-ID; the requirement that petitioners tell everyone they approach that initiative fraud is a criminal offense; that initiative sponsors disclose a list of all petitioners before the drive starts; that petitioners must have not committed any crime in the past; and a requirement that initiative sponsors pay the state for the costs of running legal notices in newspapers.

Kenneth Bush, an Independent Voter in Minnesota, Launches a Campaign to Ease Minnesota Ballot Access Laws

This TV news story says that an independent voter in Rochester, Minnesota, has launched a campaign to ease Minnesota ballot access laws for independent candidates. His organization, Open the Ballot Minnesota”, wants to (1) legalize electronic signatures; (2) decrease the number of signatures for independent candidates and the nominees of unqualified parties who want to run for legislature: (3) expand the absurdly cramped two-week petitioning period for non-presidential petitions.