New York election law regulates political parties very heavily. This interesting article explains the election laws that apply to groups that become ballot-qualified for the first time. The focus of the article is on the Women’s Equality Party.
New York election law regulates political parties very heavily. This interesting article explains the election laws that apply to groups that become ballot-qualified for the first time. The focus of the article is on the Women’s Equality Party.
The fundamental problem is when psuedo-parties qualify by petition or electoral support.
A better way is more like in Florida, along with a minimum registration (a few hundred is sufficient) and some demonstration of party organization, such as a biennial state convention, and election of officers by the party registrants.
This is quite analogous to how corporations are organized and recognized by States;
They have a name;
They have by-laws;
They have officers;
The governing board is chosen by the shareholders;
There is certain level of public reporting;
There is an annual meeting.
Corporations might also have industry-specific regulations. The equivalent for political parties might be their campaign finance reporting.
Other than Mississippi, Florida has the fairest election laws when it comes to ballot access for 3rd parties.
All parties – major parties and 3rd parties – are treated equally – other than parties with membership of less than 5% of the registered voters of the state cannot hold a Presidential Preference Primary (Richard may have to correct me on this). As such, all parties must file reports to prove they are active.
With Mississippi, its almost too easy for a 3rd party to have ballot position. They simply have to be organized. No petitions. No filing fees. And what surprises me, is there is only two 3rd parties that have any degree of activity in Mississippi – the Reform Party and the Constitution(al) Party.
I think the main reason is that Mississippians have fallen so much in love with the GOP, they see no need for a 3rd party.
Florida really doesn’t require organization into a party. It simply requires three officers to file. It in particular doesn’t require organization of the party membership (voters registered with the party).
If you can hold your state convention in a phone booth, you can’t really be considered to be a party. But if you can’t get 100 people in Florida, or perhaps 50 in Alabama to actually organize a party, you aren’t a party.
NO robot parties are needed or wanted.
NO primaries.
General election ballot access via equal nominating petitions.
Difficult ONLY for the SCOTUS robot party hacks.
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P.R. and nonpartisan App.V.
USA Unity Party Online Application Form
If anyone wants to join Roger Nichol’s [Unity] campaign for US President and/or be a member/affiliate or chair of the Unity Party, then try completing the following form which gets emailed to their national chair in Colorado:
http://www.wrhammons.com/Con…/membership-submission-form.htm
I just submitted my own application, and since I proclaim to be “Free Parliamentary Party”, and I’m registered Republican Party and running for POTUS (or Vice-POTUS) myself, I’m not totally sure they’ll accept me. But they are inviting anyone to apply and represent their own state as a presidential elector in 2016.
For those outside the USA, if you apply, we’ll always try to help you to be a part too.
Jim Riley:
Don’t quite understand what you mean, “Florida really doesn’t require organization into a party.”
A 3rd party in Florida to be recognized by the Secretary of State, DOES have to have an organization based on outlines in the state election statutes. I think Richard will back me up on this.
But you are correct about Alabama. The state does not recognize any “3rd party” organization as a party, until it obtains the minimum number of signatures required for ballot position on a petition for either (1) statewide or (2) district/countywide, and the Secretary of State verifies that the number of signatures has been met. Then and only then are you a recognized 3rd party, either statewide or district/countywide in Alabama.
If the 3rd party does not meet the 20% vote threshold for at least one statewide candidate, or does not meet the 20% vote threshold for at least one district/countywide candidate, then the 3rd party ceases to be recognized as a 3rd party by the Secretary of State, either statewide or district/countywide.
Richard could probably explain it better, but I think I’m pretty close to explaining the Alabama requirements.
Consider a corporation. Who owns the corporation? The shareholders. Their ownership may be quite passive, but they can ultimately elect the board of directors who have oversight, and who in turn hire the officers who actively manage the corporation.
Now think of a political party in analogous terms. Who owns the political party? The voters affiliated with the party. Most voters are not actively involved with their party beyond sometimes voting. But they should be able to choose the executive committee, who might then hire staff to day-to-day run the party.
In Florida, the party starts with the three party officers, who file the necessary paperwork. But there doesn’t have to be any connection to the party members, and the party members don’t even have to exist. A party does not have to be organized in any meaningful sense of the concept of “organized”.
Jim Riley:
“But they should be able to choose the executive committee…”
I think practically all of the major parties organized on the state level do allow its members to elect members of their state executive committees, who then in turn elect state officers or at least a board to run the party and make decisions for the party. And both major parties allow the selection of its members to their respective national committees, although they are not elected directly by the rank and file party member as much as they used to be.
And some 3rd parties with ballot access are allowed – if not required – to allow state executive committees to chose their state officers. The AIP in California used to be that way, but not quite sure what is going on now within that party.
I still don’t quite get what you’re saying about Florida, but I do think that if the members of a 3rd party in Florida organize their respective county executive committees, they can make the state officers who initially organized the party and complied with the State Election Statutes for party recognition,to create a state executive committee where members of the county executive committees can send representatives to the state executive committee and have some voice over those officers and the day to day affairs of the party.
Richard may have more insight into this, or you may have to contact the SOS in Florida to see just what rights 3rd party members do have in this. A good point.
SCOTUS in 1989 — a mere 25 years ago – said that the hack govts could NOT regulate the *internal* robot party stuff —
ONLY the public nomination stuff must comply with 1 person- 1 vote stuff.
Another case of failing to sue the hacks for $$$ Damages to bankrupt them.
A while back in Florida somebody created dozens of political parties named American __________ Party, where the blank was filled in by a variety of names, such as Lutherans, Poor People, Chief Financial Officers, Imperialists, Free Masons, ad infinitum.
In 2010, there were 71 registered political parties, 31 of which had 0 registrants, and another 14 with under 50 registrants/
In response the legislature passed new laws regulating minor parties. See Florida Statutes 103.095.
Since a party was required to have three officers, who were registered with the party, this prevented a prankster from creating dozens of parties.
While the statute provides that “[e]ach elector registered to vote in the minor political party in which he or she has so designated has a fundamental right to fully and meaningfully participate in the business and affairs of the minor political party without any monetary encumbrance. The constitution, bylaws, rules, regulations, or other equivalent documents must reflect this fundamental right …”, there is no requirement that this actually be executed.
The statute also directs the SOS to adopt regulations providing for cancellation of party registrations, including for not having “limited activity”.
The SOS defined “limited activity” to mean $500 in annual financial activity.
If you go to:
http://election.dos.state.fl.us/rules/rules-index.shtml
Candidates and Commmittees
Search for Filed Campaign Docurments
Account Type: Political Party
You will see that most of the activity and cancellations were due to failure to file any reports.
There are now 15 registered parties in Florida.
Which decision was that in 1989, D-R?
Yes, I remember this happening. Did anyone ever find out or expose who this person (or persons)was who did these multiple filings? I suspect this may have been done deliberately, as why would someone waste time with all these filings?
But if their reason was to knock off the ballot some parties that should have had the right to remain the ballot, they succeeded.