On January 28, the Delaware Senate passed HB 245, so now it goes to the Governor. The bill takes effect as soon as the Governor signs it. UPDATE: the Governor signed it on February 1. The bill doubles the number of registrants for a party to be recognized from one-twentieth of 1%, to one-tenth of 1%.
There are court precedents that say it violates due process for a state to increase ballot access requirements in an election season and then implement that change in that very same election year. They are: (1) Campbell v Bennett, 212 F Supp 2d 1339 (Alabama 2002); (2) Arizona Green Party v Bennett, injunction granted January 15, 2010; (3) four precedents from Michigan in 1988, all unreported, called Fulani v Austin, McCarthy v Austin, Warren v Austin, and Holmes v Austin; (4) Nader 2000 Primary Committee v Hechler, 112 F Supp 2d 575 (West Virginia 2000); (5) Blomquist v Thomsen, 739 F 2d 525 (Wyoming 10th circuit 1984).
Also there are precedents set by state elections offices, such as the one in Kansas in 1990 by then-Secretary of State Bill Graves. The 1990 session of the Kansas legislature doubled the statewide independent requirement from 2,500 to 5,000 signatures, effective immediately, but the Secretary of State refused to implement it that year, because it was concerned about fairness to an independent candidate who was petitioning to get on the ballot for Governor that year.
The Voting Rights Section of the U.S. Justice Department refused to let Alabama implement its new petition requirement for minor parties, passed in 1981, until 1983, because it was also concerned about fairness to parties that wanted to participate in the 1982 election.
All these precedents have been mentioned to the Delaware Commissioner of Elections, Elaine Manlove. She has not yet responded. If she implements the change this year, it is unlikely that the Green Party, or the Working Families Party, or the Constitution Party, or the Socialist Workers Party, will be on the ballot this year. The old requirement is approximately 310 registrations and the new requirement is approximately 620. The problem is that Delaware voters can’t change their registration from one party to another party in the months before a primary, or before a general election either, so any registration drive by a party that needs more registrants will be difficult this year.
Delaware minor parties that have enough registrations to meet the new requirements are the Independent Party and the Libertarian Party.
Richard, do you have a list of which minor parties currently have ballot status in Delaware and how many registered voters they have? Thanks.
Indp Pty 1,308; Libertarian 756; Working Families 589; Green 587; Blue Enigma 330; Socialist Workers 310; Constitution 309. I think the Blue Enigma Party is non-active and not interested in elections any more.
Is the Independent Party Nader’s party? And what happened to the Independence Party?
The Independent Party of Delaware was not formed by Ralph Nader, but it did nominate him twice, 2004 and 2008.
There has never been a ballot-qualified party in Delaware called the Independence Party, except there was one in 1908 that was a nationwide party, and was on the ballot in Delaware and in almost all states. That 1908 party was created by William Randolph Hearst.
The Rats are at it again in West Virginia introducing bills in both houses to re-instate filing fees for write-in candidates. The Constitution Party of WV won a lawsuit against this in 2000 eliminating them, in that case $5000 for presidential candidates. LINK: http://cpwv.info/main/2000/11/west-virginia-victory/
Here are the bills (BTW, one of these was introduced last year but failed):
http://www.legis.state.wv.us/Bill_Text_HTML/2010_SESSIONS/RS/Bills/SB334%20intr.htm
A BILL to amend and reenact §3-6-4a of the Code of West Virginia, 1931, as amended, relating to elections; requiring write-in candidates for public office to pay a filing fee for the office sought; and providing for distribution of the fee in the same manner as other candidates.
http://www.legis.state.wv.us/Bill_Text_HTML/2010_SESSIONS/RS/Bills/hb2657%20intr.htm
A BILL to amend and reenact §3-5-8 of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-6-4a of said code, all relating to elections; requiring write-in candidates for public office to pay a filing fee for the office sought; and providing for distribution of the fee in the same manner as other candidates.
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With the stroke of a pen, the Governor can effectively eliminate up to 5 out of 7 of Delaware’s minor parties, given the voter registration statistics cited. The arbitrary restriction of voter choices in the 2010 election does nothing to advance representative democracy in this age of special interest domination of government.
The Independent Party of Delaware notified the other minority parties with ballot status (having publicly available e-mails through the Office of the State Chairman (OSC) of its opposition to the increased voter registration requirements, on or about last Saturday, but did not receive any response as yet.
The IPoD State Executive Committee was in the process of drafting proposed amendments to HB 245 when news of its passing reached the OSC. In the event that the Governor signs the bill,it appears that litigation is possible on the part of the affected minority parties.
Wolf von Baumgart,
State Chairman,
Independent Party of Delaware
ipodosc@yahoo.com
Current December, 2009 minority party year-end voter registration statistics will be e-mailed upon request.
IPoD compiled minority party voter registration statistics are appended.
___________________________________________________________________________
Delaware Minor Parties
Rate of Growth: [ Nov,2008 Election – Dec,2009 Year-end Total Registration ]
________________________________________________________________
Rank Party Registration Nov 2008 1 Dec 2009 2 Change Rate %
(1) Independent Party of DE 1,308 1714 + 406 + 23.7 %
(2) Libertarian 756 804 + 48 + 6.0 %
(3) Working Families 589 505 – 84 – 14.3 %
(4) Green 587 561 – 26 – 4.6 %
—————————————————————-
(5) Blue Enigma * 330 308 – 12 – 3.9 %
(6) Socialist Workers * 310 276 – 34 – 12.3 %
(7) Constitution * 309 308 – 1 – 0.3 %
[ All values rounded up to the nearest 0.1 % . ]
*source: 1] Ballot Access News 1/18/10 ( from DEC )
2] Delaware Election Commission
* Parties below proposed HB 245 ballot access requirement of 10/100 of total
Aug 24 registered Delaware voters will lose ballot status (if enacted).
__________________________________________________________________
WvB 1/26/10 21:47 EDT rev.: 1/27/10 17:23 EDT
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Richard,
Thaks for the case citations. I’v incorporated them in my pending communication to Governor, Jack Markell.
So far, in over a week, I have not heard from my counterparts in the other minority parties.
Wolf
Just e-mailed official correspondence to the Governor re: 245
Wolf