New Ballot Access Lawsuit Likely Against Oklahoma

The Libertarian Party, perhaps joined by other minor parties and possibly by Ralph Nader, is likely to sue Oklahoma over presidential ballot access. Existing law requires unqualified parties to submit a petition of 3% of the last presidential vote to place their nominees on the ballot. Independent presidential candidates face an identical hurdle.

The U.S. Supreme Court said in Anderson v Celebrezze that states should be less concerned keeping presidential candidates off general election ballots, than candidates for other office. The presidential election, in a sense, belongs to the entire nation. But Oklahoma stands this on its head, by letting independent candidates for any office except president on the November ballot with no petition at all, just a fee.

Oklahoma is the only state with no procedure for the presidential candidate of an unqualified party, or an independent presidential candidate, to get on the ballot with some showing of support that is at or below 2% of the last vote cast. Furthermore, Oklahoma is one of only 5 states that ban all write-in votes. Oklahoma was the only state in 2004 in which voters either had to vote Republican for president, or Democratic for president, or they couldn’t vote.

Although Barr will depend on a lawsuit for Oklahoma, he expects to be on in all other states, and will launch a West Virginia petition drive very soon.


Comments

New Ballot Access Lawsuit Likely Against Oklahoma — No Comments

  1. He expects to?

    I honestly dont see how. West Virginia will be tough forhim to get on, and Oklahoma will be near-impossible. Massachussetts and New Hampshire both will have Phillies on and MIGHT have Barr.

  2. Separate is NOT equal.

    Brown v. Bd of Ed 1954 — regardless of the business as usual armies of MORON lawyers since 1968 doing hundreds of losing ballot access cases.

  3. The Massachusetts lawsuit on substitution will be filed next week, and I feel it is very likely to win. If it wins a similar lawsuit will be filed against New Hampshire. Don’t forget, every single lawsuit on substitution that was ever filed, has won.

  4. Although Barr will depend on a lawsuit for Oklahoma…

    This seems to indicate that Barr has given up on the idea of petitioning for the OK ballot – which seems about right given the apparent shortfall in fundraising for that sort of effort.

  5. “This seems to indicate that Barr has given up on the idea of petitioning for the OK ballot – which seems about right given the apparent shortfall in fundraising for that sort of effort.”

    Barr’s chance of getting on the ballot in Oklahoma was a long shot from the beginning.

    The petition drive in Oklahoma should have been started months ago (I’m pretty sure that it started back in 2007). The only chance that Barr would have had to have made it at this late stage would have been if some really big money had come in really fast. I’m talking Ron Paul Money Bomb or Ross Perot level of money.

  6. “(I’m pretty sure that it started back in 2007).”

    This should read, “(I’m pretty sure that it could have started back in 2007).”

  7. If Oklahoma forces a McCain/Obama decision again this year, I hope the tornadoes hitting the state wipe the entire state off of the map.

    Although I am probably wrong, I like to think that these tornadoes hitting the state are God’s punishment for the state’s misdeeds in this regard.

  8. Can anybody show me a site where ballot access is shown for all the third party candidates. Also if Nader does not get on the ballot of several states does Barr have a chance of beating him?

  9. “(I’m pretty sure that it started back in 2007).”

    This should read, “(I’m pretty sure that it could have started back in 2007).”

    It did start in 2007 for the full party, but that expired on May 1.
    Can anybody show me a site where ballot access is shown for all the third party candidates.

    I am attempting to compile such a map on my blog.

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