Ballot Access News

According to this story, Virginia Governor Bob McDonnell recently said that the Virginia ballot access law has never kept any credible presidential candidate off the ballot. His statement is not accurate.

In 2008, Chris Dodd, a Democratic U.S. Senator from Connecticut and a candidate for the Democratic nomination, tried and failed to qualify for the Virginia presidential primary. Also in 2008, Duncan Hunter, a U.S. House member from California and a candidate for the Republican nomination, also failed to qualify in Virginia.

The Virginia general election petition rules for minor party and independent presidential candidates are the same as for presidential primary candidates. In 2004, Ralph Nader tried and failed in Virginia. In 1992, Howard Phillips, presidential nominee of the U.S. Taxpayers Party and a former high-ranking official in the Nixon administration, tried and failed in Virginia. In 1984, David Bergland, presidential nominee of the Libertarian Party and the person who placed third in that year’s election, tried and failed. In 1976, Eugene McCarthy, independent presidential candidate and the person who placed third in the election, tried and failed in Virginia.

On January 4, the Maine Veterans & Legal Affairs Committee defeated LD 120, which would have abolished public funding for candidates for state office. Thanks to Alex Hammer for this news.

State Senator Bill Avery of Nebraska has agreed to introduce a bill to make it easier for minor parties to remain ballot-qualified in Nebraska. He is chair of the Senate Government, Military and Veterans Affairs Committee, the committee that hears election law bills. The bill will provide that when a party meets the 5% vote test, it is then qualified for the next two elections, instead of just the next election.

Other states that provide that when a party meets the vote test, it remains ballot-qualified for the next four years, instead of just two years, are Colorado, Indiana, Kentucky, Minnesota, Missouri, Montana, New Mexico, New York, North Carolina, Rhode Island, South Dakota, Virginia, West Virginia, and Wisconsin.

The Nebraska vote test was only 1% between 1889 and 1925, but in 1925 it was raised to 5%. It applies to any statewide race. There are always at least four statewide partisan offices up in mid-term years, so it is not all that difficult for a party to poll 5% in a mid-term year. But a typical minor party has a very tough time polling 5% in a presidential election year, when nothing statewide is up in Nebraska except President and, sometimes, U.S. Senate.

If you live in a state with bad ballot access laws, now is the time for you and others who share your interest in improving the laws to be seeking a sponsor for a bill to improve the laws.