September 2016 Ballot Access News Print Edition

Ballot Access News
September 1, 2016 – Volume 32, Number 4

This issue was printed on white paper.


Table of Contents

  1. U.S. DISTRICT COURT ENJOINS ILLINOIS 5% PETITION REQUIREMENT FOR U.S. HOUSE
  2. MARYLAND INDEPENDENT DEADLINE WIN
  3. CONNECTICUT WIN
  4. ONE OF THE DEBATES LAWSUIT LOSES
  5. LAWSUIT NEWS
  6. 2016 PARTY REVENUE FROM STATE INCOME TAX “CHECK-OFF”
  7. TOTALS FOR THE ENTIRE NATION THROUGH HISTORY, 2000-2016
  8. GREEN PARTY PRESIDENTIAL CONVENTION VOTE
  9. 2016 PETITIONING FOR PRESIDENT
  10. NEW HAMPSHIRE LEGISLATOR SWITCHES TO LIBERTARIAN
  11. MORE INDEPENDENT LEGISLATORS
  12. PRESIDENTIAL NOMINATIONS
  13. PRESIDENTIAL CANDIDATES NOT ON THE PETITIONING CHART
  14. SUBSCRIBING TO BAN WITH PAYPAL

U.S. DISTRICT COURT ENJOINS ILLINOIS 5% PETITION REQUIREMENT FOR U.S. HOUSE

On August 25, U.S. District Court Judge Sue Myerscough, an Obama appointee, enjoined the Illinois petition requirement for independent candidates, and the nominees of unqualified parties, of 5% of the last vote cast. Gill v Scholz, c.d., 3:16-3221. The plaintiff, Dr. David Gill, had filed the lawsuit on August 1. He is an independent running in the 13th district in central Illinois.

He needed 10,754 valid signatures. He submitted almost 12,000, but after he was challenged, he was found to have only 8,593 valid. After he was disqualified, he filed the lawsuit, arguing that the requirement is so difficult, it is unconstitutional.

He presented evidence that in the entire history of government-printed ballots, starting in 1889, only three U.S. House candidates had ever overcome a petition hurdle as great as 10,754. They were Wendell Fant, in North Carolina in 2010; Frazier Reams, in Ohio in 1954; and Jack Gargan, Reform Party nominee, in Florida in 1998.

Fant was not actually a candidate. Instead, the Service Employees International Union put his name on an independent petition without getting his decision to run. The SEIU had hundreds of canvassers, who went door-to-door, and if someone wasn’t home, they came back again and again. After all that work, Fant declined to run.

Gargan had 189 days in which to circulate his petition, and the backing of the Reform Party, which was well-organized in Florida.

Reams had been an independent member of Congress, representing Toledo, Ohio, starting in 1950. He was permitted to start his petition as early as he wished.

By contrast, Gill only had 90 days in which to circulate his petition, and that was a key fact in the decision. He is an emergency room physician and yet he found time to personally collect 5,000 signatures. He testified that he could have met the requirement with more time. Before 1984 Illinois let independent candidates begin to petition as early as they wished, but the legislature confined the period to only 90 days in a bill passed in 1983. Part of the evidence in the case was the transcript of the legislative debate on the bill. The author said the purpose of the bill was to prevent incumbent legislators from facing competition from independent candidates.

The state is appealing to the 7th circuit. Gill’s brief in the 7th circuit is due September 1.

The candidate who challenged Gill’s petition is also trying to re-open the challenge process, so that he can argue that Gill had fewer than 8,593 valid signatures. The State Election Board is allowing the re-opening.

The decision is the first in history to enjoin a 5% petition for a U.S. House candidate. However, the short petition period and the 5% are tangled together in the decision, and it is the combination that was enjoined.

Another factor that influenced Judge Myerscough is that Illinois law says independent candidates need exactly 5,000 signatures in years that end in the digit "2". This suggests that there is no state interest in requiring more than 5,000 in any year. Illinois has never had a crowded general election ballot in a regularly-scheduled U.S. House election. The greatest number of candidates in such an election was six, in 1912, when the petition requirement was 2%, not 5%.


MARYLAND INDEPENDENT DEADLINE WIN

On August 26, the Maryland Board of Elections agreed to settle a lawsuit that had been filed against a 2015 law that requires independent candidates to file a declaration of candidacy in February. The petition itself is due in August. The 2015 even applied to independent presidential candidates.

The lawsuit was filed by Dan Sparaco, an independent candidate for Baltimore city council. Sparaco v Lamone, 1:16cv-1579.

Maryland has in the past lost many lawsuits over early petition deadlines. Before 1977, all independent candidate petitions were due in March, but independent U.S. Senate candidate Bruce Bradley defeated that law in federal court. Then the legislature passed a new law, saying one-third of the signatures were due in March, but the other two-thirds were due later in the year. But in 1980, independent presidential candidate John B. Anderson defeated that law. So Maryland gave up and moved all independent petition deadlines to August, until the 2015 law that required a very early declaration of independent candidacy.


CONNECTICUT WIN

On August 9, the Connecticut Secretary of State agreed to settle the lawsuits Libertarian Party of Connecticut v Merrill, 3:15cv-1851, and Wilmoth v Merrill, 3:16cv-223. The first concerned the ban on out-of-state circulators for general election petitions, and the second for primary petitions. Both laws had previously been enjoined, and the state decided not to try to defend them any longer.


ONE OF THE DEBATES LAWSUIT LOSES

On August 5, the lawsuit filed by Gary Johnson and Jill Stein lost in U.S. District Court. Johnson v Commission on Presidential Debates, 1:15cv-1580 (D.C.).

The lawsuit had charged that the Commission violates the anti-trust laws. The decision says, "Antitrust laws govern commercial markets and not political activity."

The decision is surprisingly careless with the facts. It purports to list the presidential candidates who were on the ballot in states containing a majority of the electoral vote, yet who polled under 1%. It claims that Ron Paul was one of these candidates "in 1998 and 2008". Anyone knows that 1998 was not a presidential election year. And Ron Paul was only on the ballot in Louisiana and Montana in the general election of 2008; those two states obviously don’t have electoral votes equal to a majority of the electoral college.

The decision omits Ralph Nader’s 2004 showing, yet he was on the ballot in states containing 278 electoral votes (270 is a majority). Yet the decision lists Virgil Goode in 2012, the Constitution Party nominee, as having been on the ballot in states with a majority of the electoral vote, but actually he was on in states with 257 votes. The opinion also misspells the surnames of Howard Phillips ("Philips") and Harry Browne ("Brown").

The decision also said that the Obama and Romney campaigns in 2012 created the 15% poll rule. This is such a large error, the judge corrected herself and re-issued a new opinion on August 25. But she didn’t correct the other errors. The decision also said that Ralph Forbes, who lost a debates lawsuit in the U.S. Supreme Court in 1996, had run as an independent for U.S. Senator in Arkansas, but actually he had run for the House. So far, no notice of appeal has been filed by Gary Johnson or Jill Stein.


LAWSUIT NEWS

Arizona: on August 26, the State Supreme Court upheld the 2015 law that increased the number of signatures for Libertarians to get on their own party’s primary ballot by 23 times. For statewide office this year, the old petition requirement was 133; the new one is 3,034. Only registered Libertarians and registered independents can sign. The opinion said nothing about the fact that parties that have been on the ballot less than four years (such as the Green Party) only need 806 signatures. Graham v Tamburri, cv-16-143. The 2015 law also increased the number of write-in votes in the primary for a Libertarian to be nominated, also to 3,034. But someone running in the Green Party only needs one write-in to be nominated. The same signature issue is pending in federal court, along with the write-in issue. The State Supreme Court decision did not mention the write-in issue.

California: on August 12, U.S. District Court Judge Michael Fitzgerald refused to enjoin the law that requires independent presidential candidates to get 178,039 signatures in 105 days. De La Fuente v Padilla, c.d., 2:16cv-3242. The judge said the Ninth Circuit had already upheld a similar law in Hawaii. But the Hawaii law was 1% of the last presidential vote, whereas the California law is 1% of the number of registered voters. Also, the Hawaii petition was due 60 days before the general election, and could be started as early as the candidate wished, and only required 3,711 signatures. The California petition is due 88 days before the election. Rocky De La Fuente will seek declaratory judgment so that all these facts can be presented.

Hawaii: on August 15, the Ninth Circuit said the Democratic Party’s lawsuit against the open primary must fail, because the party didn’t provide any evidence that the open primary injures the party. Democratic Party of Hawaii v Nago, 13-17545.

Kentucky: on August 26, the Sixth Circuit upheld the definition of qualified party, a group that polled 2% for President. Libertarian Party v Grimes, 16-6107. The other plaintiff is the Constitution Party. The parties pointed out that many one-state parties exist and never run anyone for President, and such parties could therefore never be qualified. But the opinion says the plaintiff parties do run presidential candidates, so they don’t have standing to complain. This leaves the door open for some other Kentucky party, which has no interest in the presidential election, to bring a similar lawsuit. Kentucky and Washington are the only states in which it is impossible to be a qualified party without entering the presidential race.

Nevada: on August 16, the Green Party sued over the June 3 deadline to submit a petition. Nevada Green Party v Cegavske, 2:16cv-1951.

Ohio: on August 29, the U.S. Supreme Court refused a request by the Libertarian Party to put it on the ballot. Libertarian Party of Ohio v Husted, 16A181. As a result, Gary Johnson will be on the ballot with no label. The case remains alive in the Sixth Circuit, and a parallel case is pending in state court.

Pennsylvania: on August 10, U.S. District Court Judge Mark Hornak enjoined a law that bans out-of-state circulators for initiative petitions. OpenPittsburgh.Org v Wolosik, w.d., 2:16cv-1075.

Pennsylvania(2): on August 15, Rocky De La Fuente filed a lawsuit to get on the ballot. His petition was not challenged, but the state rejected it because he ran in the Democratic presidential primary and because he is a registered Democrat. De La Fuente v Cortes, m.d., 1:16cv-1696.

Texas: on May 10, independent presidential candidate Souraya Faas filed a lawsuit against the May 9 petition deadline for independent presidential candidates. Faas v Cascos, s.d., 4:16cv-1299.


2016 PARTY REVENUE FROM STATE INCOME TAX "CHECK-OFF"

~

Demo.

Rep.

Lib’t.

Constitn

Green

Wk Fam

Indp. Party

other

Alabama

6,091

7,810

– –

– –

– –

– –

– –

– –

Arizona

10,370

5,070

359

– –

561

– –

– –

561

Iowa

41,782

27,183

– –

– –

– –

– –

– –

– –

Kentucky

65,648

78,658

– –

– –

– –

– –

– –

– –

Minn.

32,426

14,701

777

– –

1,260

– –

1,967

1,304

N. Mex.

4,904

1,998

268

38

244

– –

– –

212

Ohio

36,968

36,968

– –

– –

– –

– –

– –

– –

Oregon

23,556

5,019

882

246

1,452

1,317

1,449

471

Rhode I.

8,848

2,828

– –

– –

– –

– –

– –

504

Utah

38,066

48,026

4,350

2,144

– –

– –

– –

3,738

Virginia

7,249

2,841

– –

– –

– –

– –

– –

– –

TOTAL

275,908

231,102

6,636

2,428

3,517

1,317

3,416

6,790

States above let income-tax payers send money to the party of their choice. The chart above lists amounts for each party. Ohio does not let taxpayers decide which party to help, and only lets taxpayers help parties that polled 20%. Other states let the taxpayer decide which party to help. Entries in "Other" column are: Ariz., Americans Elect; Minn., Grassroots $540 & Legalize Marijuana Now $764; New Mexico, Independent American; Oregon, Progressive; Rhode Island, Moderate; Utah, Independent American. "Indp. Party" means Independent Party in Oregon and Independence Party in Minnesota.


TOTALS FOR THE ENTIRE NATION THROUGH HISTORY, 2000-2016

YEAR

Democrat

Republican

Green

Lib’t.

Ref/AE

Constit.

Other

2000

941,463

822,671

31,864

13,024

5,054

19,209

71,824

2001

680,608

611,065

12,184

8,173

755

2,295

46,232

2002

928,716

892,438

84,120

7,289

749

2,886

97,559

2003

1,181,312

1,126,585

20,665

7,859

46

51

9,975

2004

828,136

786,190

16,309

8,446

324

1,409

8,822

2005

750,461

714,238

18,100

5,546

34

2,442

25,887

2006

915,945

806,193

50,434

7,282

– –

5,847

45,355

2007

1,050,593

850,580

15,716

5,839

– –

3,503

15,627

2008

1,520,746

1,127,478

8,324

5,034

– –

5,938

5,219

2009

978,325

718,165

7,642

45,889

– –

4,520

4,970

2010

830,562

616,027

5,257

11,115

– –

3,617

5,630

2011

850,490

603,022

6,560

53,133

– –

4,367

11,766

2012

1,883,507

1,245,403

7,862

101,253

– –

2,458

8,733

2013

740,897

545,527

4,041

22,438

11,516

2,816

21,430

2014

369,153

324,042

1,836

7,418

817

3,041

3,175

2015

280,223

246,396

1,777

7,263

174

2,455

12,078

2016

275,908

231,102

3,517

6,636

561

2,428

6,229


GREEN PARTY PRESIDENTIAL CONVENTION VOTE

STATE

Jill Stein

William Kreml

S. K.C. M.Curry

Darryl Cherney

Kent Mesplay

Elijah Manley

Alabama

4

0

0

0

0

0

Arizona

5

0

0

0

1

0

California

34

2

3

5

2

0

Colorado

5

0

0

0

0

0

Connecticut

2

0

0

0

0

0

Delaware

4

0

0

0

0

0

Dist. Columbia

1.5

one-fourth

0

0

0

one-fourth

Florida

4

0

0

0

0

3

Georgia

4

0

0

0

0

0

Hawaii

3

1

0

0

0

0

Illinois

22

1

0

0

0

0

Iowa

3

0

0

0

1

0

Kentucky

0

0

0

0

0

0

Louisiana

3

1

0

0

0

0

Maine

5

0

1

0

0

0

Maryland

6

0

0

0

0

0

Massachusetts

8

0

2

0

0

0

Michigan

11.5

one-half

one-half

one-half

one-half

0

Minnesota

4

0

3

0

0

0

Mississippi

4

0

0

0

0

0

Missuori

0

0

0

0

0

0

Nebraska

2

0

0

0

0

0

Nevada

4

0

0

0

0

0

New Jersey

5

0

0

0

0

0

New Mexico

3

1

0

0

0

0

New York

16

1

0

1

0

0

North Carolina

4

0

0

0

0

0

Ohio

6

2

1

0

0

0

Oklahoma

2

0

0

0

0

0

Oregon

6

0

1

1

0

0

Pennsylvania

8

1

0

0

0

0

Rhode Island

4

0

0

0

0

0

South Carolina

3

5

0

0

0

0

Tennessee

3.5

one-half

0

0

0

0

Texas

15

1

3

2

2

0

Virginia

3

0

0

0

1

0

Washington

5

0

0

0

0

0

Wisconsin

7

1

0

0

0

0

Wyoming

2

0

0

0

0

0

Latinx Caucus

2

0

0

0

0

0

Gay Caucus

2

0

0

0

0

0

Women’s Cau.

2

0

0

0

0

0

Youth Caucus

2

0

0

0

0

0

TOTAL

239.5

18.25

14.5

9.5

7.5

3.25

Candidates seeking the 2016 Green presidential nomination were Dr. Jill Stein of Massachusetts, William Kreml of South Carolina, Sedinam K.C. Moyowasifza-Curry of California, Kent Mesplay of California, and Elijah Manley of Florida. For Vice-President, Ajamu Baraka, of Georgia was nominated by acclamation. The convention was August 4-6 in Houston.

The 11 states not listed did not send delegates: Alaska, Arkansas, Idaho, Indiana, Kansas, Montana, New Hampshire, North Dakota, South Dakota, Utah, and Vermont. Kentucky and Missouri sent delegations but they didn’t vote. By contrast, in 2012, 17 states sent no delegation; in 2008, 13 states had none; in 2004, 7 states had none.


2016 PETITIONING FOR PRESIDENT

STATE
REQUIREMENTS
SIGNATURES COLLECTED
DEADLINE
FULL PARTY
CAND
LIB’T
GREEN
CONSTI
ROCKY
McMULL

Ala.

35,413

5,000

*already on

*already on

*too late

*disputed

too late

Aug. 18

Alaska

(reg) 8,399

#3,005

already on

*already on

already on

*already on

too late

Aug. 10

Ariz.

20,119

#35,514

already on

already on

*0

0

2,000

Sep. 9

Ark.

10,000

#1,000

already on

already on

already on

*disputed

already on

Aug. 1

Calif.

* (reg) 59,681

178,039

already on

already on

*too late

*too late

too late

Aug. 12

Colo.

(reg) 1,000

#pay $1,000

already on

already on

already on

already on

already on

Aug. 10

Conn.

no procedure

#7,500

*already on

*already on

*too late

*disputed

too late

Aug. 10

Del.

(reg) 654

6,526

already on

*already on

*too late

*too late

too late

Aug 20

D.C.

no procedure

* #4,421

*finished

already on

*too late

*too late

too late

Aug. 10

Florida

be organized

119,316

already on

already on

already on

*already on

finished

Sep. 1

Georgia

51,912

#7,500

already on

*disputed

too late

*in court

too late

July 12

Hawaii

707

#4,347

already on

already on

already on

*too late

too late

Aug. 10

Idaho

13,047

1,000

already on

*already on

already on

already on

already on

Aug. 30

Illinois

no procedure

#25,000

already on

already on

too late

too late

too late

June 27

Indiana

no procedure

#26,700

already on

too late

too late

too late

too late

June 30

Iowa

no procedure

#1,500

*already on

*already on

*already on

*already on

already on

Aug. 19

Kansas

16,960

5,000

already on

*already on

*too late

*too late

too late

Aug. 1

Ky.

no procedure

#5,000

*9,000

*8,000

0

*5,000

2,000

Sep. 9

La.

(reg) 1,000

#pay $500

already on

already on

*already on

*too late

already on

Aug. 19

Maine

(reg) 5,000

#4,000

*already on

already on

too late

*too late

too late

Aug. 1

Md.

10,000

*10,000

already on

already on

too late

*too late

too late

Aug. 1

Mass.

(est) (reg) 45,000

#10,000

*already on

already on

too late

*too late

too late

Aug. 2

Mich.

31,519

30,000

already on

already on

already on

too late

too late

July 21

Minn.

98,770

#2,000

*already on

*already on

*already on

*already on

already on

Aug. 23

Miss.

be organized

1,000

already on

already on

already on

*500

300

Sep. 9

Mo.

10,000

10,000

already on

*already on

already on

*too late

too late

Aug. 1

Mont.

5,000

#5,000

already on

*already on

*too late

*already on

too late

Aug. 17

Nebr.

5,395

2,500

already on

*already on

*too late

*too late

too late

Aug. 1

Nev.

5,431

5,431

already on

*in court

already on

*already on

too late

July 8

N. Hamp.

*14,866

#3,000

*finished

*finished

*too late

*finished

too late

Aug. 10

N.J.

no procedure

#800

*already on

*already on

already on

*already on

too late

Aug. 1

N. M.

2,565

15,388

already on

already on

already on

already on

too late

June 30

N.Y.

no procedure

#15,000

*already on

already on

*too late

*disputed

too late

Aug. 2

No. Car.

89,366

89,366

already on

too late

too late

in court

too late

June 9

No. Dak.

7,000

#4,000

already on

*finished

*finished

2,500

3,000

Sep. 5

Ohio

30,560

5,000

*already on

already on

*too late

*too late

too late

Aug. 10

Okla.

24,745

40,047

already on

*in court

*too late

in court

too late

July 15

Oregon

22,046

17,893

already on

already on

*too late

*too late

too late

Aug. 30

Penn.

no procedure

*5,000

*already on

*already on

*already on

*in court

too late

Aug. 1

R.I.

16,203

#1,000

*500

*400

*250

*600

0

Sep. 9

So. Car.

10,000

10,000

already on

already on

already on

*too late

too late

July 15

So. Dak.

6,936

2,775

already on

*too late

already on

*in court

too late

Aug. 4

Tenn.

33,816

275

already on

*already on

*disputed

*already on

too late

Aug. 18

Texas

47,086

79,939

already on

already on

too late

too late

too late

May 22

Utah

2,000

#1,000

already on

*already on

already on

already on

already on

Aug. 15

Vermont

be organized

#1,000

already on

*already on

*too late

*already on

too late

Aug. 1

Virginia

no procedure

#5,000

*already on

*already on

*too late

*finished

finished

Aug. 26

Wash.

no procedure

#1,000

*already on

already on

*already on

*too late

too late

July 23

West Va.

no procedure

#6,705

already on

already on

*already on

*too late

too late

Aug. 1

Wisc.

10,000

#2,000

already on

already on

already on

*already on

too late

Aug. 2

Wyo.

3,302

3,302

already on

*finished

already on

*finished

finished

*Aug. 29

TOTAL STATES ON
47*
40*
23*
14*
7*

#partisan label is permitted on the ballot (other than "independent").
"CONSTI" = Constitution Party. "ROCKY" = Rocky De La Fuente. "McMULL" = Evan McMullin.
* = change since Aug issue.
"DEADLINE" means the method with the latest deadline.


NEW HAMPSHIRE LEGISLATOR SWITCHES TO LIBERTARIAN

The August 1 BAN said there are three state legislators who are Libertarians, in Nebraska, Nevada, and Utah. But there is a fourth, in New Hampshire. Max Abramson of Seabrook left the Republican Party and became a registered Libertarian in May 2016. The Libertarian Party is the first party, other than the Democrats and Republicans, to have legislators in four states since the 1910’s decade.


MORE INDEPENDENT LEGISLATORS

On August 2, Texas held a special election to fill the vacant 120th House seat, in San Antonio. An independent, Laura Thompson, defeated her only opponent, a Democrat, but 635 to 585. Thompson is the first independent elected to the Texas legislature since 1936.

On July 29, Missouri representative Keith English said he had switched from being a Democrat to an independent. He lives in Florissant and will run for re-election as an independent in the 68th district.

Joe Baca, a former Congressman from California, said on August 8 that he changed his registration from Democratic to independent.


PRESIDENTIAL NOMINATIONS

Better for America nominated Evan McMullin on August 24. There was no actual meeting. McMullin had declared as an anti-Trump independent candidate on August 8. He has ties to the Republican Party.

Reform Party nominated Rocky De La Fuente on August 9. The party had held a national convention in Bohemia, New York, on July 29, but had recessed until the delegates could confer with each other and the candidates by electronic means.

Natural Law: nominated Socialist Party nominee Emidio Soltysik on July 28.

American Independent Party nominated Donald Trump on August 13 in Sacramento. California permits two parties to jointly nominate the same presidential candidate, so in California Trump will be on the ballot as "Republican, American Independent." Some counties may abbreviate that as "Rep, AI". This is the first time two parties have nominated the same presidential candidate in California since 1940.

Peace & Freedom Party: nominated Gloria LaRiva on August 13 in Sacramento. This is the first time that PFP has nominated a presidential candidate who is also the presidential nominee of a party with "Socialist" or "Socialism" in its name. LaRiva is also Socialism & Liberation nominee.


PRESIDENTIAL CANDIDATES NOT ON THE PETITIONING CHART

Besides the tickets on page five, there are eleven presidential candidates who will be on in at least two states:

1. Socialism & Liberation: Cal, Colo, Fla, Iowa, La, NJ, NM, Vt, Wash (8 states).

2. Socialist Workers: Colo, La, Minn, NJ, Tenn, Ut, Wash (7 states).

3. Workers World: NJ, Ut, Wis (3 states)

4. Prohibition: Ark, Colo, Miss (3 states)

5. America’s Party: Ark, Colo, La (3 states)

6. Socialist: Colo, Fla, Mich (3 states)

7. indp Lynn Kahn: Ark, Iowa, RI (3 states)

8. Legal Marijuana Now: Iowa, Minn (2 states)

9. indp. Laurence Kotlikoff: Co, La (2 states)

10. Veterans: Colo, La (2 states)

11. indp. Mike Smith: Colo, Tn (2 states)


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Comments

September 2016 Ballot Access News Print Edition — 2 Comments

  1. No. They were removed from the ballot on some bogus reason having to do with not being recognized by the FEC, if I remember the details correctly.

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