U.S. District Court Enjoins Michigan Independent Candidate Petition Requirement

On August 27, U.S. District Court Judge Victoria A. Roberts, a Clinton appointee, enjoined Michigan’s petition for independent candidates for statewide office, which is 30,000 signatures due July 19. She said that pending further action in the case, or further action by the legislature, 5,000 signatures will be the requirement. The case is Graveline v Johnson, e.d., 2:18cv-12354.

The order is 25 pages. It depends largely on the fact that (except for president in 1992 and 2004), no independent candidate has ever qualified for statewide office in Michigan, in the history of the law, which was passed in 1988. Another factor in the decision is that Michigan law says that independent candidates who are running in jurisdictions with a population between 2,000,000 and 4,999,999 only need 12,000 signatures. Ironically, there is no such office in Michigan, and it is puzzling why the legislature ever created the 12,000-requirement for a nonexistent office. Finally, the decision depends on the fact that the petition deadline is more than six weeks before qualified parties choose their Attorney General nominees. Qualified parties in Michigan, large and small, use conventions for that office, not primaries.

Here is a news story about the decision.


Comments

U.S. District Court Enjoins Michigan Independent Candidate Petition Requirement — 14 Comments

  1. More separate and UNEQUAL stuff —

    — major. old minor, new minor parties and independents

    + special stuff for incumbent MI SCT hacks

    PR and AppV

  2. Wayne County had over 2,000,000 until the 2010 census. That is what that step was for- county office.

  3. The use of population steps is irrational. With a bit of luck you could have legislative districts that are nominally equal in population, with quite different filing requirements. For example House districts have roughly 91,000 persons. Between 75,000 and 100,000, 600 signatures are required, while over 100,000 population 900 signatures are required.

    It appears that the number of signatures for Shiawassee county commissioner is either 9 or 60 depending on whether the district has less than 10,000 persons or more than 10,000 persons.

    On the other hand it appears that the legislature may have chosen the brackets based on the size of legislative districts, congressional districts, and the state as a whole.

    Based on these, the collection rate is consistent, with a lower rate for larger entities.

    Entity Population Signatures Signatures/1000

    Michigan 9884K 30,000 3.04
    Congress 706K 3,000 4.25
    Senate 260K 1,500 5.77
    House 90K 600 6.68

    Since this is supposedly an as-applied challenge, the judges reliance on the break at 5 million is totally unfounded.

    In effect the judge is saying, what would happen if the population of Michigan were half of what it actually is, or the population of Wayne County were 2.5 times what it is. That is totally speculative.

  4. The fundamental problem is that Michigan provides multiple paths to the ballot, and it is somehow expected that they should be equal.

    It is like there were three ways to travel between two cities: plane, train, or bus; and the League of Women Travelers (LWT) insisted that both the time and cost for each mode should be the same. They would sue, and an expert would explain that people rarely fly between Oakland and San Francisco, nor take the bus between Sao Paulo and Singapore. The judge would then order the air fare reduced between Oakland and San Francisco, or order buses to travel between Sao Paulo and San Francisco.

    Annointing political parties with nomination rights, results in the state interfering in the governance of private political groups (such as has BAN has recently reported in Connecticut and South Dakota), and encourages legislators to erect barriers to competition.

    Legislators will make easier for themselves to run, and harder for potential competitors.

  5. PUBLIC BALLOTS — PUBLIC ELECTIONS

    PARTIES = FACTIONS OF PUBLIC ELECTORS

    Nom pet sigs based on pct of Prez/Gov votes in area in prior election —

    or filing fees based on the sigs amount X UNIFORM $ amount.

    SIG FORM —

    I NOMINATE JOHN Q. CITIZEN, 123 MAIN ST, MYTOWN FOR DOGCATCHER AT THE NOV 2018 ELECTION.

    ELECTOR SIG, NAME, ADDRESS, DATE SIGNED

  6. @Demo Rep,

    If individual candidates file, there is an incentive to make the requirements reasonable.

    If I can swim 50 yards in a swimming pool, and my potential opponent swim three miles through shark-infested waters, I’ll prefer that (or pretend I didn’t notice). Successful politicians believe that they were chosen on their own merits, and their sycophants will reinforce that belief.

    But if they have to choose between everyone swimming three miles through shock-infested waters, or swimming 50 yards in a swimming pool they will choose the latter.

    Rather than nominating by forms that have to be verified, etc., simply let the supporters of Mr. Citizen meet at the Mytown Town Hall and express the support for his candidacy.

  7. How many voters to show up in Texas towns for a Statewide office ???

    A mere 8,969,226 votes for Prez in Texas in Nov 2016.

    Even more CO2 air pollution from cars/trucks, etc. in getting to/from towns —

    besides total gridlock in larger towns — stimulus for TX oil biz ???

    See the SCOTUS ravings about a *modicum of support* —

    one more of their moron junk phrases — invented out of thin air.

    Do 99.99 percent of folks get some bills / govt stuff via snail mail
    — including the BAN paper version ???

    See coming 2020 Census forms.

  8. @Demo Rep,

    4,648,358 for the gubernatorial election. 1/10 of 1% is 4649.

    For a statewide office, I’d let the voters up at the county courthouse.

  9. WHATEVER THE PCT HAS TO BE PUT IN CONSTS —

    JUST LIKE TERMS OF OFFICE AND ELECTION DATES

    — TO END THE MONSTER HACKS FROM RIGGING ELECTIONS.

    PR AND APPV

  10. @Demo Rep,

    The date of elections is not in the US Constitution or Texas Constitutions.

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