Libertarian Party Files Notice of Appeal in D.C. Presidential Write-in Counting Case

On April 4, the Libertarian Party filed a notice of appeal in Libertarian Party v D.C. Board of Elections. The issue is whether the D.C. Board must count write-in votes for President in November, for write-in presidential candidates who have filed a declaration of write-in candidacy and a slate of proposed presidential electors.

The U.S. District Court had ruled that the government’s interest in saving time and money overrides the right of a voter to have his or her vote counted. The District Court said the voter’s interest in having a vote counted is a “slight” burden. The District Court did not know that a federal law requires all jurisdictions to report the number of votes received by each legally-qualified candidate for presidential elector to the Federal Archives, because unfortunately the Libertarian Party did not know about this law until after the decision came down. The party’s 2008 candidates for presidential elector in D.C. were legally qualified. They had filed under the procedures that the Board of Elections itself had set up.

Idaho Ballot Access Bill Advances

On April 1, the Idaho Senate State Affairs Committee passed HB 275 unanimously. The bill had passed the House earlier. It is the Secretary of State’s omnibus election law bill. Among other things, it lowers the number of signatures for an independent presidential candidate from approximately 6,000 signatures, to exactly 1,000 signatures. Also it says that out-of-state circulators may work on an independent presidential candidate’s petition.

Montana Legislature Passes Bill on Faithless Presidential Electors

On Saturday, April 2, the Montana House passed SB 194 unanimously. It provides that parties and independent presidential campaigns must submit the names of two presidential elector candidates for each seat that the state is entitled to. Half the names would be designated presidential elector candidates, and the other names would be designated alternate presidential elector candidates. If the slate were elected, and one of the electors voted differently than expected, that elector would be deemed to have resigned and the alternate would fill the seat. Thanks to Mike Fellows for this news.

The Montana legislature still hasn’t passed the Secretary of State’s omnibus election law bill, and the legislature will only be in session for three more weeks. The omnibus bill makes no changes to ballot access, although it does have a provision saying a presidential candidate may withdraw from the general election ballot. This provision was included because the Montana Constitution Party nominated Ron Paul for President in 2008, against his will. Paul had no means to remove his name from the ballot. He polled 2.17% of the vote in November 2008 in Montana, the highest percentage that any minor party or independent presidential candidate polled in any state that year.

Texas Legislature Considers Moving Primary from March to April

The Texas legislature is discussing whether to move the state’s primary from March to April. See this story. Senator Leticia Van de Putte (D-San Antonio) would like to amend her SB 100 to make this change. SB 100, as introduced, only concerns procedures for absentee voting, but the bill could be amended to revise the primary date. If the legislature moved the primary from March to April, that would automatically mean a later petition deadline for minor party and independent candidate petitions, for office other than President.

Other bills that might serve as vehicles for the primary date change are HB 111 and HB 3585, by Representative Van Taylor (R-Plano).

Texas currently has the earliest petition deadline in the nation for independent presidential candidates. Unfortunately, the independent presidential petition deadline is not keyed to the date of the primary, so if the primary is moved to a later date, that would not improve the independent presidential deadline.

U.S. Supreme Court Won't Hear Hawaii Ballot Access Case

On April 4, the U.S. Supreme Court revealed that it had decided not to hear Nader v Nago, 10-728, the Hawaii ballot access case. Ralph Nader had filed this case in 2004, challenging Hawaii law that requires an independent presidential candidate to submit approximately six times as many signatures as are needed for a ballot-qualified political party with its own primary.

The U.S. Supreme Court hasn’t accepted a ballot access appeal brought to it by a minor party or independent candidate since 1991, when it did hear the Illinois case brought by the Harold Washington Party. It is true that the Court did hear a challenge to Georgia’s law mandating that candidates for state office be tested for illegal drugs, in 1996, but that was about candidate qualifications to hold the office, not ballot access per se.

No independent presidential petition has succeeded in Hawaii since 1992.

March Ballot Access News Print Edition

Ballot Access News
March 1, 2011 – Volume 26, Number 10

This issue was originally printed on blue paper.


Table of Contents

  1. BALLOT ACCESS BILLS ADVANCE IN ARIZONA, NEBRASKA, NEW MEXICO, OKLAHOMA
  2. PROCEDURAL VICTORY IN VERMONT BALLOT ACCESS CASE
  3. SUPREME COURT SHOWS INTEREST IN BALLOT ACCESS CASE
  4. NEW CALIFORNIA LAWSUIT ON PROP. 14
  5. ELECTORAL COLLEGE BILLS
  6. FIRST CIRCUIT RULES PARTIES CANNOT PROTECT THEIR NAMES
  7. PROCEDURAL VICTORY IN VOTE-COUNT CASE
  8. RHODE ISLAND PUBLIC FUNDING DECISION
  9. BOOK REVIEW: THE ELECTION
  10. BOOK REVIEW: THE PINNACLE SEVEN
  11. MORE BALLOT ACCESS BILLS INTRODUCED
  12. 2010 VOTE FOR STATE SENATE
  13. BRITISH CAMPAIGN BEGINS TO PASS INSTANT-RUNOFF VOTING
  14. FORMER CONGRESSMAN VIRGIL GOODE GETS CLOSER TO CONSTITUTION PARTY
  15. NADER TORT LAWSUIT AGAINST DEMOCRATIC PARTY
  16. EGYPTIAN BALLOT ACCESS LIKELY TO BE IMPROVED
  17. SCHUYKILL COUNTY, PENNSYLVANIA, OFFICIAL BECOMES AN INDEPENDENT
  18. PARTY CHANGES NAME
  19. ERRATA
  20. SUBSCRIBING TO BAN WITH PAYPAL

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