BALLOT ACCESS BILLS INTRODUCED IN SIX STATES

During January, bills to ease ballot access laws were introduced in at least six states. This does not include Virginia, where two bills were introduced but have already been defeated.

Connecticut: Representative Devin Carney (R-Old Saybrook) has introduced HB 5303, which says that if a party polls 1% for any statewide race, then it is ballot-qualified for all statewide races, not just that one statewide race. Connecticut has four parties that are on the ballot for some statewide races but not all of them, so this bill, if enacted, would help all four. The Working Families and Independent Parties are on the ballot for all the statewide offices except President. The Green Party is on for the lesser statewide executive offices but not President, Governor, or U.S. Senator. The Libertarians are on for U.S. Senator but no other statewide office.

Georgia: six Representatives have introduced HB 58. The lead sponsor is Representative John Pezold. It lowers the number of signatures for district and county office from 5% of the number of registered voters, to 2% of the last vote cast. If this bill passed, the number of signatures needed for an independent or minor party for U.S. House in the average district would decline from 18,540 to 3,294.

The worst ballot access law in the U.S. is the Georgia law on how an independent or minor party candidate gets on the ballot for U.S. House. The number of signatures for district office was set in 1943, and has never been lowered. No minor party has ever completed a petition for U.S. House, and no independent has complied with it since 1964. All of the sponsors of HB 58 are Republicans, except that the only independent member of the legislature, Representative Rusty Kidd, is also a co-sponsor.

Maine: Representative Ben Chipman (I-Portland) has introduced LR 1512, to ease the number of signatures for a member of a small ballot-qualified party to get on his or her party’s primary ballot. The existing law is so strict, no member of a ballot-qualified party, other than the Democratic or Republican Parties, has been able to get on a primary ballot for either house of Congress at any time in the last 90 years.

The law requires 2,000 signatures of party members for statewide office, and 1,000 for U.S. House. It doesn’t take into account that the Democratic and Republican Parties have far more registered members, so for them, the petitions are much easier. The Green Party did manage to comply with the law for its gubernatorial candidate in 2002 and 2006, but has not done so since then. When the Libertarian Party was on the ballot in 1992, and when the Reform Party was on in 1998 and 2000, they couldn’t run any statewide or U.S. House candidates. The bill would cap the primary petitions at 1% of the party’s registration.

New Hampshire: Representative Max Abramson (R-Seabrook) has introduced a bill to cut the number of signatures for independent candidates and the nominees of unqualified parties. Current law requires 3,000 signatures for statewide office, 1,500 for U.S. House, 750 for State Senate, and 150 for State House. The bill would require a number of signatures equal to one-tenth of 1% of the population. For statewide office, that would be 1,317 signatures for this decade.

Existing law for independent petitions for state representative is irrational. Some of the districts for that office have ten times the population of other districts, yet in all districts, independents need 150 signatures. The bill would solve that problem. The bill will get a bill number in the next few days, but has already been submitted.

North Dakota: Representative Corey Mock (D-Grand Forks) has introduced HB 1260, which would abolish the law that won’t let a party nominate candidates for the legislature unless between 10% and 15% of all the primary voters choose that particular party’s primary ballot. In North Dakota, all qualified parties nominate by primary, and voters are free to choose any party’s primary ballot. Generally, very few primary voters desire to choose a minor party primary ballot, because minor parties virtually never have contested primaries. As a result, no minor party has been able to nominate someone for the legislature since 1976. The bill has four Republican co-sponsors.

Oklahoma: bills to lower the number of signatures for newly-qualifying parties are pending in both houses of the legislature. The Speaker of the House, Jeffrey Hickman (R-Fairview), has introduced HB 2181. It lowers the petition from 5% of the last vote cast, to 1% of the last gubernatorial vote. If the bill passed, the 2016 petition would drop from 41,242 signatures to 8,249.

Representative Eric Proctor (D-Tulsa) has introduced HB 1813, which lowers the petition to exactly 5,000 signatures.

In the Senate, Senator David Holt (R-Oklahoma City) has introduced SB 318, which lowers the petition to 2% of the last vote cast. That bill also lowers the signatures for an independent presidential candidate, and the presidential nominee of an unqualified party, from 3% of the last presidential vote to 2%. In 2016 that would be 26,698 signatures.

Probably bills to ease ballot access laws will also soon be introduced in Alabama, Maryland, Nevada, North Carolina, and Pennsylvania. Sponsors for such bills have been found in those states. Activists are working to find sponsors in additional states.

The South Dakota primary for all partisan office (president and other office) is in June. All qualified parties must nominate by primary for most partisan offices. Therefore, the petition deadline for new parties is quite early. It was in April between 1984 and 2007, and then in 2007 it was moved to March.

This year, the state Board of Elections wrote SB 69, which moves the petition deadline for newly-qualifying parties from March to February. However, after it was pointed out to the committee that was hearing the bill, the Senate State Affairs Committee, that such an early deadline is probably unconstitutional, a Senator on the Committee suggested amending the bill so that the petition deadline for newly-qualifying parties would be in late June, and such new parties would nominate by convention for all office, instead of primary.

The ACLU had sued South Dakota in 1983 over the old deadline, which was then in February. That case was Libertarian Party of South Dakota v Kundert. The state in 1983 didn’t even try to defend the February deadline, and admitted that it was too early, and in 1984 moved it to April. But, unfortunately, all memory of that had been lost, until the ACLU informed the committee about the 1983 case. Soon the committee will decide whether to pass the bill as originally written, or whether to amend it so that the deadline is in June, or perhaps just to reject the entire bill.

Bills to repeal the straight-ticket device exist in Iowa and West Virginia. The Iowa bill, HF 4, is by Representative Peter Cownie (R-West Des Moines). The West Virginia bill is SB 249, by Senator Charles Trump (R-Martinsville). Bills to restore the device exist in New Hampshire (HB 185, with Republican sponsors) and Missouri (HB 249, by a Democrat).

Two bills to improve ballot access in Virginia have already been defeated. HB 1463 would have lowered the definition of a party from a group that polled 10% for any statewide race, to one that had polled 4%. This is the first bill ever introduced in Virginia to lower the 10% vote test to a lower number. On January 22, a subcommittee of the House Privileges & Elections Committee voted to postpone consideration of the bill indefinitely, even though four witnesses had testified in favor and no one had testified against.

On January 19, the Senate Subcommittee on Campaigns defeated SB 766 by 4-2, with all Republicans voting "no" and both Democrats voting "yes." It would have lowered the number of signatures for non-presidential statewide independent candidates, and the nominees of unqualified parties, from 10,000 to 5,000 signatures. Current law already requires 5,000 signatures for presidential petitions.

The ideas in these bills were new to the Virginia legislature. It is common for ballot access bills to fail in the first session in which they are introduced, but to pass in later sessions. Similar bills in the future will do better if activists persuade newspapers to editorialize in their favor. The case for both bills is strong. Virginia is one of only four states that has not had a ballot-qualified party, other than the Democratic and Republican Parties, at any time during the period 1998 to the present. The others are New Jersey, Pennsylvania, and New Hampshire.

Pennsylvania State Senator Mike Folmer, who has introduced ballot access bills in each of the last three legislative sessions, has been appointed Chair of the committee that hears election law bills, the State Government Committee.

During January, two events occurred that will help open up the 2016 general election presidential debates to more than just two candidates: (1) the two major parties expanded the general election campaign season for president by 40 days, relative to 2012; (2) British debate sponsors decided to invite the party leaders of seven parties into the British debates.

Major parties expand the general election campaign season: the Democratic national convention in 2016 will be July 25-28, and the Republican national convention will be July 18-21. These are by far the earliest dates for the two major party conventions since 1960. In 2012, the Democratic convention did not end until September 6. General election presidential campaigns do not start until after the major party national conventions. As a result of the drastic change in dates, the 2016 campaign season will be 40 days longer than the 2012 season.

This, in turn, will give more time for more general election debates. Last time the two major party conventions were both in July, in 1960, there were four presidential debates. Never since have there been that many. It will now be an easier case to make that at least one of the presidential debates should include more candidates than just the two major party nominees, since it is plausible that there could be four, five, or six debates. The debates could start in August and continue into September and October.

Britain’s example: the House of Commons election will be May 7, 2015. The BBC and ITV will sponsor debates on April 15 and April 22, for the leaders of seven parties. There will also be a debate on April 29, for just the leaders of the Conservative and Labour Parties. If the first two debates are successful, the British example will be a powerful argument that the United States should also try inclusive debates.

On December 30, U.S. District Court Judge Paul Barbadoro, a Bush Sr. appointee, declined to dismiss Libertarian Party of New Hampshire v Gardner, 1:14cv-322. The case challenges the new law that makes it illegal to circulate the petition for a new party during an odd year.

The state had tried to persuade the judge that the new law is constitutional as a matter of law, and that there should not be a trial or any evidence presentation. But the opinon said that the case needs evidence before it can be decided. The New Hampshire party petition requires the signatures of 3% of the last gubernatorial vote. It is so difficult, it has existed since 1996 but it has only been used twice, by the Libertarian Party in 2000 and 2012.

On January 13, U.S. District Court Judge Robert E. Payne, a Bush Sr. appointee, upheld a Virginia law that puts the nominees of the qualified parties on the ballot above all the other candidates. Sarvis v Judd, e.d., 3:14cv-479.

This is the first decision that ever acknowledged that being on the top of the ballot helps a candidate, and still upheld the law. Other decisions upholding such laws always say that there is no evidence that position on the ballot makes any difference.

This decision says the state interests in putting the Democrat and the Republican on top are: (1) avoid voter confusion; (2) create a more orderly ballot; (3) encourage larger parties over a multiplicity of parties. Footnote seven says, "The Court takes judicial notice of the fact that the vast majority of voters will choose a candidate from one of the major parties." This is not true in all races; an independent was elected to the Virginia legislature on January 13.

There is nothing in the U.S. Constitution to support discriminating against a small party, relative to a large one. No political science research supports the idea that discriminatory laws on the order of candidates helps society. One-third of the states do not discriminate on the basis of party when they place candidates on ballots, and there is no evidence that any adverse effect occurs in those states. Plaintiffs will appeal.

On December 24, 2014, U.S. District Court Judge David O. Carter upheld California’s ban on write-ins at the general election for Congress and partisan state office. Milonopoulos v Bowen, c.d., 2:14cv-5973.

The plaintiff had been a write-in candidate for Congress in June 2014, and he had only received one write-in vote. But he wanted to be a write-in candidate in the same race in November. He had also been in the news during 2014 for being arrested for trespassing on a college campus in southern California. He represented himself.

The U.S. Supreme Court said in 1992 in Burdick v Takushi that the U.S. Constitution does not require Hawaii to permit write-in votes, so this would have been a difficult case to win in any event. However, the California opinion erroneously says that general election voter choice in Hawaii is more limited than in California. This is not true. Hawaii has five qualified parties on the ballot, and each is free to easily run nominees for any partisan office. There were some 4-candidate partisan races in November 2014 in Hawaii, and many 3-candidate races. By contrast, the California top-two law limits the general election ballot to either one or two candidates in all partisan races except President. It is not known if the plaintiff will appeal.

The decision came down only two days after the oral argument, which suggests Judge Carter didn’t work very hard on his decision.

On January 8, U.S. District Court Judge Brian Morris, an Obama appointee, refused to enjoin a Montana law that lets any primary voter help choose Republican Party officers. Ravalli County Republican Central Committee v McCulloch, cv 14-58. The opinion says there is no evidence that non-Republicans are voting in Republican primaries for party office. The party has appealed to the Ninth Circuit. The Ninth Circuit had previously ruled in a case from Arizona that if parties don’t want non-members helping choose their officers, they need not permit it. However, the Montana opinion says that because Montana doesn’t have registration by party, whereas Arizona does, the Arizona precedent doesn’t apply.

Kansas: on December 29, the 10^th circuit refused to rehear Kobach v U.S. Election Assistance, the case over whether Kansas and Arizona can force the federal government to alter the federal voter registration form to require documents proving citizenship be attached to the form. Kansas and its co-plaintiff Arizona will almost surely now appeal to the U.S. Supreme Court.

Texas: on January 9, a U.S. District Court enjoined a Houston ordinance that makes it illegal for anyone to give a contribution to a candidate for city office earlier than February 1 of an election year. Gordon v City of Houston, s.d., 4:14cv-3146. The city won’t appeal.

Virgin Islands: on January 8, the Supreme Court of the U.S. Virgin Islands ruled that write-in candidates are bona fide candidates, if they campaign, and therefore they can request a recount if they wish. The Virgin Islands permits write-ins and does not require write-in candidates to file a declaration of candidacy. Hansen v O’Reilly, 2014-0085. However, the decision also denied a recount because the candidate didn’t formally request one by the deadline.

– –	Republican	Democrat	Lib’t.	Green	Wk Fam	Constit	oth(1)	oth(2)	indp.
Alab.	750,231	427,787	– –	– –	– –	– –	– –	– –	– –
Alas.	128,435	– –	8,985	– –	– –	6,987	– –	– –	134,658
Ariz.	805,062	626,921	57,337	– –	– –	– –	15,432	– –	– –
Ark.	470,429	352,115	16,319	9,729	– –	– –	– –	– –	– –
Cal.	2,929,213	4,388,368	– –	– –	– –	– –	– –	– –	– –
Colo.	938,195	1,006,433	39,590	27,391	– –	– –	– –	– –	29,965
Conn.	503,998	529,552	– –	– –	24,762	– –	22,297	– –	11,456
Fla.	2,865,343	2,801,198	223,356	– –	– –	– –	– –	– –	61,527
Ga.	1,345,237	1,144,794	60,185	– –	– –	– –	– –	– –	– –
Hi.	135,775	181,106	6,395	– –	– –	– –	42,934	– –	– –
Ida.	235,405	169,556	17,884	– –	– –	5,219	– –	– –	11,671
Ill.	1,823,627	1,681,343	121,534	684	– –	– –	– –	– –	– –
Iowa	666,023	420,778	20,319	– –	– –	– –	10,582	10,239	– –
Kan.	433,196	401,100	35,206	– –	– –	– –	– –	– –	– –
Me.	294,533	265,125	– –	– –	– –	– –	– –	– –	51,518
Md.	884,400	818,890	25,382	– –	– –	– –	– –	– –	– –
Mass.	1,044,573	1,004,408	– –	– –	– –	– –	71,814	– –	35,673
Mich.	1,607,399	1,479,057	35,723	14,934	– –	19,368	– –	– –	– –
Minn.	879,257	989,113	18,082	– –	– –	– –	56,900	31,259	– –
Nebr.	308,751	211,905	19,001	– –	– –	– –	– –	– –	– –
Nev.	386,340	130,722	– –	– –	– –	14,536	– –	– –	– –
N.H	230,610	254,666	– –	– –	– –	– –	– –	– –	– –
N.M.	293,443	219,362	– –	– –	– –	– –	– –	– –	– –
N.Y.	1,234,951	1,811,672	16,967	184,419	126,244	– –	77,762	360,693	– –
Ohio	1,944,848	1,009,359	– –	101,706	– –	– –	– –	– –	– –
Okla.	460,298	338,239	9,125	– –	– –	– –	– –	– –	17,169
Ore.	648,542	733,230	21,903	29,561	– –	15,929	13,898	– –	– –
Pa.	1,575,511	1,920,355	– –	– –	– –	– –	– –	– –	– –
R.I.	117,428	131,899	– –	– –	– –	– –	69,278	– –	4,711
So.C.	696,645	516,166	15,438	– –	– –	– –	5,622	– –	11,496
So.D.	195,477	70,549	– –	– –	– –	– –	– –	– –	11,377
Tenn.	951,796	309,237	8,321	18,570	– –	26,580	– –	– –	39,191
Tex.	2,796,547	1,835,596	75,488	18,490	– –	– –	– –	– –	– –
Vt.	87,075	89,509	8,428	– –	– –	– –	1,673	– –	5,680
Wis.	1,259,706	1,122,913	18,720	– –	– –	– –	– –	– –	7,530
Wyo.	99,700	45,752	4,040	– –	– –	– –	– –	8,490	9,895
TOT.	32,027,999	29,438,775	883,728	405,484	151,006	88,619	388,192	410,681	443,517

Parties in the "Other(1)" column are: Americans Elect (Az.), Independent Party (Ct. and Hi.), New Independent Party (Iowa); United Independent (Mass.); Independence (Minn. & N.Y.); Progressive (Ore.); Moderate (R.I.); United Citizens (S.C.); Liberty Union (Vt.).

Parties in the "Other(2)" column are: Iowa Party (Iowa); Grassroots (Mn.); in New York, Conservative 250,634; Women’s Equality 53,802; Stop Common Core 51,294; Sapient 4,963. In Wyoming, it is the write-in total for Taylor Haynes.

Gub. totals in 2010 were: Republican 33,588,679; Democratic 30,173,343; Constitution 872,494; Libertarian 731,134; Independence 521,964; Green 488,919; Conservative 232,264; Working Families 181,155; Peace & Freedom 92,856; Rent is 2 Damn High 41,131; Moderate 22,146; Liberty Union 429; other parties 163,784.

Gub totals in 2006 were: Democratic 33,077,885; Republican 29,146,681; Green 900,455; Libertarian 447,203; Constitution 193,896; Independence 332,396; Conservative 168,654; Working Families 155,184; Reform 97,816; Peace & Freedom 69,934; other parties 13,406; independents 1,753,556.

Gub. totals in 2002 were: Republican 30,766,464; Democratic 27,727,271; Green 830,620; Libertarian 799,086; Nat. Law 215,571; Constitution 150,030; Reform 11,783; Soc. Workers 3,361, Independence 1,018,550; other parties 374,497; independents 404,167.

– –	Libertaran	Wk Fam	Indpc	Green	Consti	Ind Pty	oth(1)	oth(2)	indep.
Alab.	– –	– –	425	– –	– –	– –	– –	– –	5,327
Alas.	1,461	– –	– –	– –	1,874	– –	– –	– –	8,508
Ariz.	14,362	– –	– –	– –	– –	– –	2,487	– –	4,093
Ark.	7,833	– –	– –	– –	– –	– –	– –	– –	– –
Cal.	30,735	– –	– –	– –	– –	– –	30,266	– –	18,017
Colo.	32,347	– –	– –	– –	– –	– –	– –	– –	5,071
Conn.	830	17,820	– –	3,916	– –	21,695	269	– –	2,820
Del	1,263	– –	– –	– –	– –	369	– –	– –	– –
Fla.	38,275	– –	– –	1,606	– –	– –	2,262	– –	81,646
Ga.	– –	– –	– –	– –	– –	– –	– –	– –	11,875
Hi.	6,518	– –	– –	3,072	– –	– –	– –	– –	103
Ida.	6,199	– –	– –	– –	3,734	– –	– –	– –	2,061
Ill.	– –	– –	– –	– –	– –	– –	– –	– –	5,611
Ind.	14,905	– –	– –	– –	– –	– –	– –	– –	980
Iowa	8,432	– –	– –	1,865	– –	– –	– –	– –	3,908
Kan.	3,502	– –	– –	– –	– –	– –	– –	– –	1,548
Ky.	– –	– –	– –	– –	– –	– –	– –	– –	6,656
Me.	– –	– –	– –	4,492	– –	– –	– –	– –	17,213
Md.	2,734	– –	– –	6,801	– –	– –	– –	– –	2,869
Mass.	14,379	– –	– –	– –	– –	– –	2,049	– –	19,648
Mich.	7,688	– –	– –	– –	3,455	– –	– –	– –	6,592
Minn.	– –	– –	2,846	2,001	1,924	– –	– –	– –	– –
Mo.	7,877	– –	– –	– –	7,013	– –	– –	– –	– –
Mont.	633	– –	– –	– –	775	– –	– –	– –	2,974
Nev.	4,528	– –	– –	– –	27,986	– –	– –	– –	– –
N.H	969	– –	– –	– –	– –	– –	– –	– –	10,697
N.M.	– –	– –	– –	– –	– –	– –	– –	– –	5,867
N.Y.	2,155	149,977	129,442	1,786	– –	– –	257,846	3,993	17,111
No.C.	13,259	– –	– –	– –	– –	– –	– –	– –	– –
No.D.	– –	– –	– –	– –	– –	– –	– –	– –	– –
Ohio	21,180	– –	– –	3,894	– –	– –	– –	– –	14,967
Okla.	– –	– –	– –	– –	– –	– –	– –	– –	3,575
Ore.	36,037	– –	– –	1,986	909	– –	– –	– –	– –
Pa.	7,808	– –	– –	1,403	– –	– –	– –	– –	14,794
R.I.	– –	– –	– –	– –	– –	– –	275	– –	12,914
So.C.	4,381	– –	1,628	1,225	– –	– –	1,207	– –	– –
So.D.	– –	– –	– –	– –	– –	– –	– –	– –	8,070
Tenn.	– –	– –	– –	1,206	2,638	– –	– –	– –	13,634
Tex.	154,200	– –	– –	13,536	– –	– –	– –	– –	3,166
Utah	3,017	– –	– –	– –	3,127	– –	3,512	– –	– –
Vt.	1,105	– –	– –	– –	– –	– –	8,321	– –	13,818
Wa.	82,057	– –	– –	– –	– –	– –	8,606	– –	64,611
W.V.	2,600	– –	– –	3,720	347	– –	– –	– –	7,800
Wis.	9,301	– –	– –	– –	– –	– –	3,943	– –	9,943
Wyo.	– –	– –	– –	– –	1,179	– –	– –	– –	1,631
TOT.	542,570	167,797	134,341	52,509	54,961	22,064	321,043	3,993	410,118

Parties in the "Oth(1)" column are: Americans Elect (Az.), American Independent (Ca.), Peace & Progress (Ct.), America’s Independent Party (Fl.), Pirate (Mass. & Wis.), Conservative (N.Y.), Moderate (R.I.), American (S.C.), Independent American (Utah); Progressive (Vt.); Socialist Alternative (Wash.)

Parties in the "Oth(2)" column are: Stop Common Core 2,293; Women’s Equality 1,700.

In the charts above, "Indpc" = Independence Party; "Wk Fam" = Working Families; "Ind Party" = Independent Party. . "Consti" = Constitution. States not named had no partisan state house elections in 2014.

In 2010, when these same seats were up, independent candidates received 601,732 votes; Libertarians received 530,648; Greens received 172,002; Working Families received 160,250; Constitution received 97,348.

On January 13, Virginia held a special election to fill the vacant House seat in district 74. Three candidates were on the ballot. The independent candidate, Joseph Morrissey, won the race with 42.3%, defeating his Democratic and Republican opponents. Ironically, the election was on the same day that a federal court upheld the law putting independent candidates last on the ballot. The court said it was taking judicial notice that the vast majority of voters vote for the major party nominees.

On January 17, the Maryland State Board of Elections said the Green Party petition for party status has enough valid signatures, to the party is on in 2016 and 2018. The party is now on the ballot for President in 21 states, which contain 55.4% of the popular vote cast for president in 2012.

At the November 2014 election, the Working Families Party of New York polled the highest percentage for U.S. House and each house of the legislature in its history. In 2014, for U.S. House, 6.12% of the voters who were able to vote "Working Families" did so; for State Senate, 5.96% did so; for Assembly, 7.24% did so.

For the first time in a regularly-scheduled election, the WFP percentage of the vote topped 25% in a state legislative race. That was in the 44^th Assembly district in Brooklyn, where the party got 25.12%.

For Governor in 2014, though, the WFP percentage was only 3.31%. Its best gubernatorial showing had been in 2006, when it got 3.50%; and 2010, which was 3.33%. But the WFP got its best percentages ever for the other statewide state offices, Comptroller (4.72%) and Attorney General (4.55%).

Maine has a strange new law, passed in 2013, that says the way for a group to qualify as a political party is to persuade 5,000 voters to register into that party. The strange part of the law says that a group that wants to attempt that must tell the state during December of an even-numbered year. In December 2014, the Libertarian Party was the only party that filed the notice. The Green Party is already on the ballot.

On January 14, a city councilmember in Riverside, Alabama, announced that he has left the Republican Party and joined the Constitution Party. He is William Cantley. Riverside has a population of 2,000 and is in St. Clair County.

Last year, New York Republican leaders created a new party called the "Stop Common Core Party", which nominated Rob Astorino, the Republican gubernatorial nominee, as its nominee as well. Because it polled over 50,000 votes last year, it is a ballot-quaified party. On January 13 its leaders said it will rename itself the "Reform Party." The original Reform Party founded in 1995 by Ross Perot still has an organization in New York state, and it says it will attempt to block the name change.

ERRATA: the December 1, 2014 B.A.N. listed the independent state legislators elected on November 4, 2014, but failed to mention David Luneau, who was elected in New Hampshire’s state house district, Merrimack County #10. Thus there were 23 independent and minor party wins for state legislature in November 2014, not 22.