Representative Kerry Benninghoff (R-Bellefonte) is circulating his ballot access bill among all members of the State House, asking for co-sponsors. It would abolish mandatory petitions for all candidates, and provide a choice of paying a filing fee. No fee would be higher than $2,000. The bill applies equally to candidates seeking a place on a primary ballot, and candidates seeking a place on the general election ballot. UPDATE: thanks to Ken Krawchuk for pointing out that I mis-read the bill. The bill provides higher filing fees for independent and minor party candidates than for Democrats and Republicans. That provision of the bill would be unconstitutional, under the recent U.S. Supreme Court decision Davis v FEC. The Court said that states cannot have different contribution limits for different candidates for the same office. It follows logically that states can’t have different filing fee amounts for different candidates for the same office either.
The bill already has several co-sponsors. After that process of seeking co-sponsors is complete, probably by July 18, the bill will receive a bill number.
Good news for PA.
Gee, and I kind of liked the idea of Republicants and DemocRATs having to petition for their access.
IMHO, the establishment needs a dose of its own medicine.
The bill is very good. When minor party activists pointed out that Democrats and Republicans in Pennsylvania need 2,000 signatures for statewide primary ballot access, whereas everyone else needs either 25,000 or 50,000, the supporters of the present system would always say that Democrats and Republicans could only get signatures from members of their own party, and that they only had 3 weeks to get all their signatures. By contrast, minor parties and independent candidates have 5 months and any registered voter can sign. So that “equality” argument was always somewhat inconclusive.
But when ballot access is just a matter of a filing fee, it is very obvious that the fees should be equal for everyone running for the same office. So the equality characteristic of the bill is attractive, simple and it will be difficult for bill opponents to make a case against it. I hope everyone in Pennsylvania will contact his or her State Representative and ask that State Representative to co-sponsor the Benninghoff bill. Also Pennsylvanians should ask their State Senator to introduce the same bill. Benninghoff has done all the work of getting it drafted, which took literally 6 months.
What genius lawyer has the brains to note that separate is NOT equal — Brown v. Bd of Ed 1954 — the beginning of *modern* civil and political rights — even for ballot access ???
“Richard Says:
July 2nd, 2008 at 10:49 am
The bill is very good. When minor party activists pointed out that Democrats and Republicans in Pennsylvania need 2,000 signatures for statewide primary ballot access, whereas everyone else needs either 25,000 or 50,000, the supporters of the present system would always say that Democrats and Republicans could only get signatures from members of their own party, and that they only had 3 weeks to get all their signatures. By contrast, minor parties and independent candidates have 5 months and any registered voter can sign. So that ‘equality’ argument was always somewhat inconclusive.”
It is actually pretty difficult to get on the ballot in Pennsylvania as a Democrat or Republican. Not only do they only have 3 weeks to do the petition signature gathering – and only registered Republicans can sign to put a Republican on the ballot and only registered Democrats can sign to put a Democrat on the ballot, the signature gathering period goes from late January-mid February, which is a HORRIBLE time of year to be gathering signatures in Pennsylvania.
Also, to get on the ballot in the Democrat and Republican Presidential primaries they need 2,000 signatures from either Democrats or Republicans, however, what is more important is getting the candidates for delegate on the ballot, because it is the delegates that actually determine who is going to win the nomination, the popular vote for President in Pennsylvania primaries is just a beauty contest. The delegates are divided up by Congressional District and I believe that there are 19 Consgressional Districts in Pennsylvania. Each district can have 3 delegates and 3 alternate delegates for each candidate, and I think that there are a few districts where each candidate can have 4 delegates and 4 alternate delegates. Each delegate and alternate delegate needs to get 250 valid signatures on a petition and the signatures can only come from those who are registered with their party. The delegates are completely seperate from the Presidential candidate election and all delegates in PA are unbound, however, it doesn’t say which Presidential candidate that they prefer on the ballot, so unless a voter knows who each delegate is, the delegate election in PA is a crap shoot.
I’m not saying that the minor party and independent candidates have it easy in PA (anyone who is registered to vote can sign their petitions and their circulation period starts in mid February and ends on August 1st, so they can take advantage of the nice weather), but rather I’m pointing out that the Democrats and Republicans have it rough there as well.