Montana Secretary of State Asks Legislature to Let Presidential Candidates Withdraw from General Election

Montana Secretary of State Linda McCulloch has written a bill to amend various provisions of the election code. It is HB 91. Among other things, it provides that a presidential candidate nominated for the general election by a qualified party may withdraw, if he or she wishes. The likely reason this provision has been included is that in 2008, the ballot-qualified Constitution Party nominated Ron Paul as its presidential nominee. The Secretary of State had no recourse except to print his name on the November ballot, even though Paul asked that he not be listed on the ballot.

In presidential elections, the true candidates running in November are the candidates for presidential elector. The Constitution Party had nominated presidential elector candidates who said if they were sent to the electoral college, they would vote for Ron Paul, so under the law at that time, Ron Paul was forced to be a candidate against his wishes. The Constitution Party of Montana at the time was at odds with the national Constitution Party. The national convention of the Constitution Party had chosen Chuck Baldwin as its presidential nominee.


Comments

Montana Secretary of State Asks Legislature to Let Presidential Candidates Withdraw from General Election — No Comments

  1. In Texas, it is the independent presidential candidates who file for office. They designate the vice presidential candidate and the slate of associated electors, who of course must grant their permission.

    There is no reason that this system could not be extended to partisan candidates, so that the party with “nominating rights” would also authorize the candidacy of the nominee.

  2. The Montana Secretary of State has a somewhat lose time frame for the submission of presidential nomination papers. I think Ron Paul’s request could have been granted.

  3. Jim Riley

    In 2008 the Democratic Party asked California Secretary of State to place the name of a dead elector from Humbolt County on the list of electors
    for the electors of California to vote on in the November general election. The Los Angeles County
    Registrar of Voters notices the Secretary of State,
    at my request, that there was no elector in Los
    Angeles County by the name submitted to her by the sitting Representive to Congress through the office
    of the Democratic Party Chairman for Presidential elector covering his House of Representive District.

    Then the American Independent Party Chairman sued the California Secretary of State over the issue of
    a dead person be elected as a presidential elector,
    because of lack of capasity to hold office on the
    Electorial College.

    Under California law the remaining present members
    where to select a replacement elector by a vote of
    the Presidential Electors present at the Electorial College in Sacramento in December, 2008.

    That is not what happened. The Chairman of the Democratic Party noticed the Secretary of State that the party made errors on the submitted list
    of electors and he made up a “corrected list” way
    after the California electors voted in November,
    2008. Both the California Governor and Secretary of State over looked the law and let a person not
    voted for the California Electors seated at the
    Electorial College in Sacramento in December, 2008.

    Sincerely, Mark Seidenberg, Vice Chairman, American
    Independent Party

  4. “The Constitution Party of Montana at the time was at odds with the national Constitution Party.”

    So is the Montana party still at odds with National CP? I am guessing this was over their pro-Life position. Is Ron Paul more pro-Life than minister Chuck Baldwin? Seems weird considering Ron Paul is for homosexuals in the military.

  5. The Montana Constitution Party is no longer ballot-qualified. Presumably the petition to get the party back on the ballot will be handled by new state party leaders who are in sync with the national office of the Constitution Party. 5,000 signatures are needed by March 2012.

  6. Seems weird considering Ron Paul is for homosexuals in the military.

    = I bet the Montana CP didn’t know that. LOL.

  7. The Montana Constitution Party is no longer ballot-qualified. Presumably the petition to get the party back on the ballot will be handled by new state party leaders who are in sync with the national office of the Constitution Party. 5,000 signatures are needed by March 2012.

    = The CP’ers that still support the national could easily state their own political party and do this.

  8. “The CP’ers that still support the national could easily start their own political party and do this.”

    I hope that dude that ran as a write-in for governor last year gets involved. His attire always reminded me of Yosemite Sam. I think his name was Taylor Haynes. He’s plenty smart – retired neurosurgeon, I think. He got a lot of write-in votes, so there appears to be plenty of literate folks there who would sign a ballot access petition.

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