On Sunday, December 22, U.S. District Court Judge Victoria A. Roberts, a Clinton appointee, struck down Michigan’s 30,000-signature requirement for statewide independent candidates. Graveline v Benson, e.d., 2:18cv-12354. Here is the 47-page opinion.
The decision says that until the Michigan legislature changes the law, statewide independent candidates will need 12,000 valid signatures. The basis for 12,000 is that the Michigan law requires 12,000 signatures for offices for which the population in the relevant district is between 2,000,000 and 4,999,999. It happens that there are no jurisdictions in Michigan with that population range, although in the past Wayne County was in that range, so when that was true independent candidates for partisan county countywide office in Wayne County needed 12,000 signatures.
In Michigan, 30,000 signatures is less than 1% of the last gubernatorial vote. The basis for the decision is that the requirement has been in effect since 1988, and in all those years, only two statewide independent petitions succeeded, both for president (Ross Perot in 1992 and Ralph Nader in 2004).
Excellent decision. Solid evidence supplied by Mr. Winger and strong lawyers equal great results.
Texas requires 500 signatures in districts where the gubernatorial vote was between 10,000 and 1,759,076 (1st or 14th courts of appeal).
The largest districts have 21.1% of the state electorate. Yet an independent candidate for statewide office requires 83,435 signatures.
Were the statewide requirement proportional to the district requirement, only 2372 signatures would be required statewide.
Under the SOS maladmininistration of TEC 141.041, candidates seeking the Libertarian, Green, or other minor party nomination for many offices must collect 500 signatures by early December in order that they might be placed on the general election ballot 11 months later.
Meanwhile independent candidates for the same offices have until late June to collect the identical number of signatures in order to be placed on the general election ballot a mere four months later.
This is true for all 36 congressional seats, 31 state senate seats, 147* of 150 state representative seats, 15 of 15 SBOE seats, county office in 46 counties, and numerous judicial districts. *The Libertarian/Green requirement in 3 districts is 489, 475, and 471.
Can you require some candidates to collect as many signatures 7 months earlier than other candidates seeking the same office, when the purported effect is placement on the general election ballot???
Does it matter that they might purchase ballot access, which in effect is a poll tax levied on supporters (Bullock v Carter, Lubin v Panish).
a good court decision.
One more FAILURE to detect EQUAL in 14-1 —
to apply to ALL INDIVIDUAL candidates [major/minor/independent] for the SAME office in the SAME election area.
Perhaps USA 6 Cir Ct App can clean up the mess since 1968 Williams v Rhodes ???
EQUAL PCT NOM PETS — much too difficult for ALL the math morons since 1968 — eg 0.1 pct of voters in last election in election area ???
Mi AG {and SOS and MI SCT] nominations –
Parties — party hack conventions
Independents — the nom pet scheme
[incumbent MI SCT can file candidate affidavits]
Multiple independent candidate ballot access cases before 1988 Mich law for independents.
The ROT continues.
The *equity* / default stuff by the court at end of opinion is blatantly UN-con — legislative.
IE – should have set deadline for new valid law — period — and THEN have crisis action after deadline.
—-
Mich – NO party registration State
Gov, USA Rep, USA Sen ballot — major party PRIMARY ballot access ONLY via nom pets.
No censorship of voter’s freedom of choice with ballot petition quotas. Let the voters write-in whomever they please and count all the votes.
https://www.detroitnews.com/story/news/local/michigan/2019/12/23/federal-judge-overturns-michigans-ballot-access-law-independents/2732742001/
DN story
Will Mich regime appeal ??? Stay tuned.
@DR,
Who is it going to hurt more? What party does the AG belong to?
3 RED Donkey communists happened to be elected in Mich in Nov 2018 to be Guv, AG and SOS — 4 year terms —
good luck for Elephants winning ANY thing in 2020 — esp for USA Prez.
Reminder – Mich was THE closest State in Nov 2016 for USA Prez.