On August 23, the 3rd circuit upheld the Pennsylvania ballot access laws for qualified minor political parties. Marakay v Cortes, 06-2241. The decision acknowledges that the Constitution, Green and Libertarian Parties polled enough votes in 2004 to meet the state’s definition of “political party”, but said that doesn’t show that these parties necessarily have voter support in 2006. The decision distinguished the 2003 Maryland highest state court’s ruling, which was favorable to minor party ballot access. In Maryland, parties needed one petition to qualify the party itself, and then separate candidate petitions. In Pennsylvania, by contrast, there is only one required petition. The decision can be read here.
After reading this and others, it appears to me that the courts are creatively inventing reasons, purported as fair application of law, to prevent ballot access to minor party candidates. And then new court challenges just rely on the fiction (umm, precedent) created by previous courts. I couldn’t believe reasoning that the State has the right to prevent ballot clutter, and then but does not have to prove that the ballot is uncluttered. Why should 3rd parties continue spending money going to the courts? Would 3rd parties be better off using the funds to collect 2 to 3 times the required signatures? that is, collect so many bleeping signatures that it would be potentially embarrassing to deny access. Then, when they deny it, use the funds normally set aside for the courts to purchase media to expose the oppression. Wouldn’t 3rd parties gain more members that way? It seems to me that we’ll get crumbs from the courts so long as the oppression remains a dormant story. What about a candidate using the funds normally earmarked for ballot access for campaigning, media time, party building, and not even attempt ballot access? Use the money to get the our message out, and then point out that the courts refuse to provide relief from political oppression? What is a better use of our money? May the PA Greens should use their ballot access funds and just declare all out war on incumbent judges? It would be fun broadcasting some TV ads showing unsavory picturs of these jerk judges and quoting some of the lines from this case. I don’t know.