Ballot Access News erred when it reported that the new Florida ballot access law for minor party presidential candidates requires a petition signed by 4% of the last presidential vote, unless the minor party is recognized by the Federal Election Commission. The bill was amended on the day before it passed the legislature, so that parties not recognized by the FEC as national committees need a petition of 1% of the number of registered voters. The 4% provision was deleted by that last-minute amendment. BAN regrets the error. Thanks to Dan Winslow for this news.
Although the law is not as bad as had been reported, it still seems obviously unconstitutional. The Florida Constitution says, “The requirements for … a candidate of a minor party for placement of the candidate’s name on the ballot shall be no greater than the requirements for a candidate of the party having the largest number of registered voters.” The new law requires new parties (new parties can never be recognized by the FEC) in 2012 to submit 112,174 valid signatures, whereas the Democratic Party (the Florida party with the most registered voters) need not do anything to place its presidential nominee on the ballot except certify a list of presidential elector candidates, and the names of the Presidential and Vice-Presidential candidates they are pledged to, to the Secretary of State.
Furthermore, the petition is due July 15, months before the two major parties will be formally choosing their presidential tickets. The 2012 Democratic national convention is in September 2012.
Richard,
Have the proposed lawsuits been filed?
No, but Americans Elect has sent a letter to Florida officials, making the case that the law is unconstitutional and also making the case that parties that qualified before the law went into effect cannot be bound by the new presidential rules. The new law explicitly says another part of the new law is retroactive (the part forcing all parties to re-file their statement of officers), but the new law does not say the presidential rule is retroactive.
It is not true that the FEC will not recognize the political committee of a new party as a national campaign committee of the party. It does require the activities of the committee to be national in scope and not confined to a single office, or a few States.
#4, the Federal Election Commission refused to recognize the Green Party in 1997, on the basis that it hadn’t yet had a “presidential candidate.” The Green Party did have a presidential candidate in 1996, but the FEC claimed Ralph Nader (who placed 4th, ahead of Harry Browne, even though Nader was only on the ballot in 23 states), wasn’t a “candidate” because he hadn’t spent as much as $5,000.
My statement stands. The FEC won’t recognize a party until after it has had a presidential candidate, so a new party can never get that status in time to meet the Florida petition deadline. The only possible factual point that could be used to rebut this statement is that in October 1992, the FEC recognized the Natural Law Party, which was technically before the 1992 election, but so late in the process that it would be no help. In all other cases, the FEC denied recognition until after the party’s first presidential election.
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The FEC has said it would not recognize a national party solely on the basis of a presidential candidacy, or activity that was confined to one state.
It has said that it requires the party to have supported federal candidates in several States.
Support of a presidential candidate is neither necessary nor sufficient for the FEC to recognize a national party.
The fact that the NLP was lately recognized does not preclude other parties from securing recognition earlier.
In April, I sent a letter to Gov Rick Scott http://www.freepatriot-press.com/2011/04/open-letter-to-governor-rick-scott.html specifically stating that the bill is unconstitutional and should be vetoed. I received a form letter response 2 weeks ago.
“Thank you for contacting the Governor’s Office. The Governor asked that I respond on his behalf.
Governor Scott wants to know how people feel about the many critical issues we face. The Governor is committed to making the state of Florida the number one state for job creation by lowering taxes, reducing the size of government and holding government accountable.
Information about the Governor’s administration and initiatives can be obtained online at http://www.flgov.com. Information about the Governor’s Bill Actions can be found on the Governor’s web site at http://www.flgov.com/bill-action/
You can influence legislation on issues important to you by contacting your local legislative delegation. You can find contact information for your legislators and track bills as they proceed through the legislative process at http://www.leg.state.fl.us.
Thank you again for taking the time to contact the Governor’s Office.
Sincerely,
Kira R. Frye
Office of Citizen Services
Executive Office of the Governor”