PENNSYLVANIA REPEALS STRAIGHT-TICKET DEVICE

On October 31, Pennsylvania Governor Tom Wolf signed SB 421, to repeal the straight-ticket device. The legislature had passed it on October 29. The same bill also legalizes early voting, eases the deadline to register to vote from 30 days before the election to 15 days, and eases the deadline for absentee ballots to arrive.

A straight-ticket device lets voters cast a vote for all the nominees of one party, with a single mark on the ballot. Voters who use the device don’t even need to look at any part of the ballot except the very top, where the device is located.

Straight-ticket devices are especially harmful to independent candidates because there is never a device for independent candidates. The devices also injure minor party candidates. A candidate may have a great deal of appeal, if only he or she can get the voter to notice the name on the ballot, but the device causes many voters to avoid looking at the ballot.

In 2010, when Wisconsin still had the device, Green Party nominee Ben Manski polled 31.1% of the vote for Assembly, 77^th district, in a race against both major parties. An analysis of the election returns showed that Manski actually won the election among the voters who did not use the straight-ticket device.. But when the straight-ticket voters weighed in, Manski was defeated.

Alabama, Indiana, Kentucky, Michigan, Oklahoma, South Carolina, and Utah still have the device.

Besides Pennsylvania, twelve states have repealed the device in the last 30 years: Georgia 1993, Illinois 1997, South Dakota 1997, Missouri 2005, New Hampshire 2007, New Mexico 2011, Wisconsin 2011, North Carolina 2013, Rhode Island 2014, Iowa 2017, and Texas 2017. Also Michigan repealed it in 2016 but restored it in 2018.

On November 15, U.S. District Court Judge Mark E. Walker, an Obama appointee, struck down the Florida law on the order of candidates on the general election ballot. That law says the nominees of the party that won the last gubernatorial election should be listed first. Jacobson v Lee, n.d., 4:18cv-262. Republicans have won all Florida gubernatorial elections starting in 1998, so for over twenty years Republican nominees have been listed first. The law says other parties with at least 5% of the registration are listed next, and then the nominees of minor parties, and then independent candidates. The case was filed by the Democratic Party.

Even though Democratic Party briefs in the case suggested that the law is only unconstitutional relative to the order of major parties, nothing in the language of the decision says that relief should be confined to just Democrats. It says, "It is central to the civic life of our Republic that elections shall not just be held – but that they shall be fair and free, and that the state shall not take sides. We have neither monarch, nor nobles, nor electors palatine, and in our democracy there are no head starts."

The decision only deals with the part of the law concerning major parties, because that is the only part of the law attacked in the Complaint. Specifically, section 101.151(3)(a) is unconstitutional, and nothing is said about 101.151(3)(b), which concerns minor parties and independents.

The state has asked Judge Walker to stay his own decision. He will decide that in December. Presumably he will not stay his own decision, and then the state will ask the Eleventh Circuit for a stay.

The decision says that the state is free to either rotate the names of candidates, or use alphabetical order of the surnames of candidates.

Other states that also give preference to the party that won the last gubernatorial election are Arizona, Connecticut, Georgia, Missouri, Nebraska, New York, Pennsylvania, Texas, and Wisconsin. Indiana gives it to the party that got the most votes for Secretary of State (within that county), and West Virginia to the party that got the most votes in the state for President. Maryland gives preference to the party with the highest registration. Delaware law names the Democratic Party and says it should always be listed first. Under the logic of the Florida decision, the laws of those states are also unconstitutional.

On November 25, the U.S. Supreme Court refused to hear the Libertarian Party bequests case, Libertarian National Committee v FEC, 19-234. The D.C. Circuit had upheld the FEC’s decision that the party cannot receive a large bequest when probate is finished. Instead it must wait years to receive the money.

The U.S. Supreme Court has had Carney v Adams, 19-309, on its conferences three times, but all three times it has not decided whether to hear the case or not. The issue is whether Delaware can require that judges on most state courts are ineligible unless they are registered Republicans or Democrats. The next conference is December 6.

On November 22, U.S. District Court Judge Terrence W. Boyle, a Reagan appointee, upheld North Carolina’s petition requirements for independent candidates for President and U.S. House. Buscemi v Bell, e.d., 7:19cv-164. The petition deadline for all independent candidates is March 3. Statewide and U.S. House independents need a petition of 1.5% of the last gubernatorial vote. For statewide office that is 71,545 signatures. For U.S. House, it is approximately 6,000 signatures.

The decision says, concerning the deadline, "North Carolina is constitutionally empowered to regulate the times, places, and manner of elections." The decision does not mention any of the controlling precedents that the deadline is too early. The U.S. Supreme Court ruled in 1983 in Anderson v Celebrezze that Ohio’s March 20 independent deadline was too early, and Ohio at the time (and currently) only required 5,000 signatures for statewide independents and let them start to circulate as early as they wished. Also a reported decision from the eastern district of North Carolina in 1980 struck down the deadline, which was in April at the time.

Concerning the number of signatures, the decision does not mention the 2004 North Carolina precedent DeLaney v Bartlett, which said it is unconstitutional for the state to require more signatures for statewide independents than for new parties. The new party petition is 11,778 signatures, far less than the independent petition.

The plaintiffs will appeal. The decision at least says they have standing. The independent presidential plaintiff is Kyle Kopitke, of Michigan.

Judge Boyle was nominated for a seat on the Fourth Circuit in 1991, but not confirmed by the Senate. He was nominated again in 2001, and for the next six years his appointment was pending before the Senate, the Senate never confirmed him.

On November 21, the California Supreme Court ruled 7-0 that the law requiring presidential primary candidates to show their tax returns violates the State Constitution. Patterson v Padilla, S257302.

The same law had also been enjoined in U.S. District Court. The state had been appealing that decision to the Ninth Circuit. But on November 21, after the State Supreme Court ruling, the state asked the Ninth Circuit to let it drop its appeal. Even if the state won the federal appeal, it wouldn’t make any difference, because the State Constitution bars the law. The state also wants the Ninth Circuit to erase the U.S. District Court opinion.

The State Constitution mentions the presidential primary and says the Secretary of State must list all "recognized" candidates for a party nomination. Thus a candidate who is "recognized" cannot be kept off the ballot, tax returns or not.

California: on November 19, the city council of Eureka voted to ask the city attorney to draft a ballot measure for ranked choice voting.

Maine: on November 18, the Portland city council voted put a ballot measure for ranked choice voting on the ballot, for city council and school board. The city already uses it for Mayor.

Massachusetts: on November 21, an initiative to use ranked choice voting for all federal and state office was submitted. Assuming it has enough valid signatures, it will be on the November 2020 ballot.+

Massachusetts (2): on November 5, the voters of Easthampton passed a ballot measure to use ranked choice voting in elections for city office.

New York: on November 5, 2019, the voters of New York city voted to used ranked choice voting in partisan primaries and special elections.

Georgia: on November 22, Rocky De La Fuente brought a federal lawsuit against the presidential primary ballot access law. Georgia, along with Florida and Minnesota, gives a party complete control over who may run in its presidential primary. De La Fuente is trying to be on the ballot in all Republican presidential primaries next year. He is afraid the Georgia Republican Party will exclude everyone except President Trump. This law was already upheld in federal court in 1992, in a case brought by David Duke, who had wanted to run in Republican presidential primaries that year. But De La Fuente is using new arguments that Duke did not make. De La Fuente v Raffensperger, n.d., 1:19cv-5323.

Maine: on November 1, the Libertarian Party filed a lawsuit against the January deadline for a group to become a qualified party. Baines v Dunlap, 1:19cv-509. It is assigned to U.S. District Court Judge Lance E. Walker, a Trump appointee. The lawsuit also challenges the practice of automatically converting all of a party’s registrants into independents when the party goes off the ballot.

Michigan: on November 26, Rocky De La Fuente filed a lawsuit in federal court against the Secretary of State, who refuses to put him on the Republican presidential primary ballot. De La Fuente is on the ballot in all the other Republican presidential primary ballots so far. Gonzalez v Benson, e.d., 2:19cv-13515. The law says the Secretary is supposed to put candidates on presidential primary ballots if they are mentioned in news media. The lawsuit says she has ignored Spanish-language media and the internet.

Pennsylvania SB 300 would have allowed independent voters to vote in a partisan primary. It had passed the Senate in June. But it has not moved in the House, and it is now too late for it to pass.

Jay Jacobs, state chair of the New York Democratic Party, is trying to persuade the Commission on Public Funding to make it more difficult for a group to obtain or keep qualified party status. The current law provides only one method for a group to be a qualified party, that it poll 50,000 votes for Governor. Jacobs has said that he wants to increase that number, and also change it so that the test must be met every two years, both for President and Governor.

The Commission on Public Funding is authorized to change any state election law that has any connection to public funding. The Commission believes that it has authority to ban fusion, or to alter the definition of "party", because those things could affect any public funding plan. The Commission’s ideas will have the force of law if the legislature doesn’t re-convene and contradict them, by the end of 2019. The Commission’s decisions will be announced very soon.

The Democratic Party has sued three more states over ballot order. Like Florida, all three states put the nominees of the party that won the last gubernatorial election on the top line.

Arizona: on November 1, the party filed Mecinas v Hobbs, 2:19cv-5547. It is assigned to Judge Diane Humetewa, an Obama appointee. The Complaint says in a footnote that the Democrats win the case, the relief should not apply to any minor party, and says that is constitutional because in 1997 the U.S. Supreme Court said in Timmons v Twin Cities Area New Party that states have an interest in protecting the two-party system.

Georgia: on November 4, the party filed S.P.S. v Raffensperger, n.d., 1:19cv-4960. It is assigned to Judge Amy Totenberg, an Obama appointee.

Texas: on November 1, the party filed Texas Democratic Party v Hughs, w.d., 1:19cv-1071. It is assigned to Judge Lee Yeakel, a Bush Jr. appointee.

Filing for presidential primaries has closed in Alabama, Arkansas, California, Michigan, and New Hampshire. However, the California Secretary of State won’t release the list of candidates until early December. For the other states, the chart below shows which candidates will appear on the primary ballots.

The chart didn’t have room for the Libertarian New Hampshire primary, which is a mail ballot administered by the party. The candidates on that ballot are: Ken Armstrong, Dan Taxation is Theft Behrman, Keenan Wallace Dunham, Erik Gerhardt, Jo Jorgensen, Sam Robb, Kim Ruff, Vermin Supreme, Arvin Vohra, and Arlen Lawson Wright.

The next B.A.N. will have similar information for the 17 states with January deadlines, plus California.

DEMOCRATS	ALABAMA	ARKANSAS	MICHIGAN	NEW HAMP.
Michael Bennet, Colorado	X	X	X	X
Joe R. Biden, Delaware	X	X	X	X
Michael R. Bloomberg, New York	X	X	X	~
Cory Booker, New Jersey	X	X	X	X
Mosie Boyd, Arkansas	~	X	~	X
Steven Bullock, Montana	X	X	X	X
Pete Buttigieg, Indiana	X	X	X	X
Steve Burke, New York	~	~	~	X
Julian Castro, Texas	X	X	X	X
John K. Delaney, Maryland	X	X	X	X
Rocky De La Fuente (Junior), California				X
Jason E. Dunlap, Maryland	~	~	~	X
Michael A. Ellinger, California	~	~	~	X
Tulsi Gabbard, Hawaii	X	X	X	X
Ben Gleib Gleiberman, California	~	~	~	X
Mark Stewart Greenstein, Connecticut	~	~	~	X
Kamala Harris, California	X	X	X	X
Henry Hewes, New York	~	~	~	X
Amy Klobuchar, Minnesota	X	X	X	X
Tom Koos, California	~	~	~	X
Lorenz Kraus, New York	~	~	~	X
Rita Krichevsky, New Jersey	~	~	~	X
Wayne Messam, Florida	~	~	X	~
Raymond Michael Moroz, New York	~	~	~	X
Deval Patrick, Massachusetts	~	~	~	X
Bernie Sanders, Vermont	X	X	X	X
Joe Sestak, Virginia	X	X	X	X
Sam Sloan, New York	~	~	~	X
Tom Steyer, California	X	X	X	X
David John Thistle, Massachusetts	~	~	~	X
Thomas James Torgeson, New York	~	~	~	X
Elizabeth Warren, Massachusetts	X	X	X	X
Robby Wells, Georgia	~	~	~	X
Marianne Williamson, Iowa	X	X	X	X
Andrew Yang, New York	X	X	X	X
~	~	~	~	~
REPUBLICANS	ALABAMA	ARKANSAS	MICHIGAN	NEW HAMP.
Robert Ardini, New York	~	~	~	X
President R. Boddie, Georgia	~	~	~	X
Steven B. Comley, Massachusetts	~	~	~	X
Rocky De La Fuente (senior), California	X	X	~	X
Bob Ely, Illinois	~	~	~	X
Zoltan Istvan Gyurko, California	~	~	~	X
Larry Horn, Oregon	~	~	~	X
Rick Kraft, New Mexico	~	~	~	X
Star Locke, Texas	~	~	~	X
Matthew John Matern, California	~	~	~	X
Mary Maxwell, New Hampshire	~	~	~	X
Eric Merrill, New Hampshire	~	~	~	X
William N. Murphy, New Hampshire	~	~	~	X
Juan Payne, Alabama	~	~	~	X
Mark Sanford, South Carolina	~	~	X	~
Donald J. Trump, Florida	X	X	X	X
Joe Walsh, Illinois	~	~	X	X
Bill Weld, Massachusetts	X	X	X	X

The chart below was prepared to help fight any New York law that makes it more difficult for a party to keep qualified status. The chart shows that the last time a typical state changed its law, it was to ease the requirement, not make it more difficult.

Among the fifty states, only in fourteen of them was the most recent change to make it more difficult. Furthermore, most of the changes making it more difficult were in the last century. In this century, the only states that have made it more difficult are Delaware, Tennessee, and Washington. And the Delaware change was quite minor. The Washington change was made when that state switched to the top-two system.

STATE	YEAR	WHAT WAS THE CHANGE?
Alabama	1982	From just running one candidate every 4 years, to polling 20% for any statewide race
Alaska	1997	Added an alternate registration test for parties to remain qualified, besides the vote test
Arizona	1992	Added an alternate registration test for parties to remain, besides the vote test
Arkansas	1977	Lowered the vote test from 7% for Governor/President, to 3%
California	2014	Lowered the registration test from 1% of the last gubernatorial vote, to .33% of registration
Colorado	1998	Lowered the vote test from 10% for Governor, to 1% for any statewide race either of last 2 elections
Conn.	1957	Raised the vote test from .5% for any particular office, to 1%
Delaware	2010	Raised the registration test from one-twentieth of 1% to one-tenth of 1%
D.C.	1999	Lowered the vote test for presidential status from having elected a president, to 7,500 votes
Florida	1999	Eased the definition of party from a group with registration of 5%, to any group with officers
Georgia	1986	Lowered the vote test from 20%, to 1% of the registered voters (but only for statewide office)
Hawaii	1997	Eased having petitioned for 3 elections in a row, to being on for any reason for 3 elections in a row
Idaho	1977	Added an alternative to the vote test: just running at least 3 nominees
Illinois	1931	Raised the vote test from 2% for any statewide office, to 5%
Indiana	1980	Raised the vote test from one-half of 1% for Secretary of State, to 2%
Iowa	– –	No change has ever been made to the original law, 2% for President/Governor
Kansas	1984	From no requirement at all, to vote test of 1% for any statewide office
Kentucky	1972	Vote test changed from 2% for any statewide race, to 2% for President
Louisiana	2004	Eased the definition of political party from registration of 5%, to 1,000 registered members
Maine	2017	Change from having 10,000 registrants who actually vote, to same at either of last two elections
Maryland	1998	Lowered the vote test from 3% for President/Governor to 1%
Mass.	1990	Eased the vote test from 3% for Governor, to 3% for any statewide office
Michigan	2004	Eased definition of party, from 1% vote for candidate at top of ballot, to 1% for any statewide office
Minnesota	2005	Added an alternate test that party run large number of candidates, besides the vote test alternative
Miss.	– – –	No change has ever been made to the original law, just to be organized
Missouri	1979	Eased the vote test from 2% for any statewide race, to same at either of last two elections
Montana	1991	Eased the vote test from 5% of winner’s vote, to same at either of last two elections
Nebraska	2017	Expanded how parties can remain qualified to include having 10,000 registrants
Nevada	1993	Lowered the vote test from 3% for any office, to 1%
N.Hamp.	1997	Raised the vote test from 3% for Governor, to 4% for either Governor or US Senator
N Jersey	1920	Raised the vote test for a party to remain on the ballot from 2% of the total Assembly vote, to 10%
N Mexico	1983	Lowered vote test for major party status from 15% to 5%
New York	1935	Raised the vote test from 25,000 votes for Governor, to 50,000 votes for Governor
No. Car.	2017	Added an alternate to the vote test, that party is on if its presidential nominee was on in 35 states
No. Dak.	2005	Expanded the vote test from 5% for President or Governor, to also several other statewide offices
Ohio	2013	Lowered the vote test from 5% for President/Governor, to 3%
Oklahoma	2018	Eased vote test from 2.5% for President/Governor, to 2.5% any statewide, either of last 2 elections
Oregon	2013	Eased vote test from 1% for any statewide race, to 1% for any statewide, either of last 2 elections
Pennsyl.	1986	Changed from vote test of 2% of the winner’s vote, to having 15% registration membership
Rhode Is.	1994	Eased vote test from 5% for President/Governor, to either one of those offices
So. Car.	1986	From no requirement at all, to must run a candidate every four years
So. Dak.	2018	Eased vote test for a party from just Governor, to any statewide office, either of last 2 elections
Tennessee	2016	Changed the vote test from 2.5% for any statewide at either of last two elections, to last election
Texas	2019	Lowered the vote test from 5% for any statewide, to 2% for any statewide in last ten years
Utah	2012	Eased vote test from 2% for any statewide race, to same at either of last two elections
Vermont	1977	Eliminated 1% vote test, to just having town committees in any ten towns
Virginia	1991	Eased vote test from 10% for any statewide, to same at either of last two elections
Wash.	2009	Changed vote test from 5% for any statewide, to president only
W. Va.	1916	Lowered vote test from 5% for Governor, to 1% for Governor
Wisconsin	1985	Eased vote test from 1% for any statewide, to same at either of last two elections
Wyoming	1998	Lowered vote test from 3% for U.S. House, to 2% for one of several statewide offices

On November 5, Michael Korchak, the Libertarian nominee for Broome County, New York, District Attorney, won his race. Korchak was not the nominee of any other party. He defeated his Republican and Democratic opponents in a close race that was not decided until all the absentee voters were counted two weeks after the election. Broome County contains Binghampton and has a population of 200,000. The incumbent did not run for re-election and Korchak had been the Chief Assistant District Attorney.

On November 5, Kshama Sawant, a leader of Socialist Alternative Party, was re-elected to the Seattle city council in a non-partisan race, in the Third District. The vote was 22,252 for Sawant and 20,484 for her opponent.

Constitution Party: in Pennsylvania, Bob Goodrich, Osceola Township, Tioga County.

Green Party: in Connecticut: Eric Bergman, Clinton Town Council; Ed Heflin, Greenwich Constable; Leif Smith, Redding Constable.

Independent Party: re-elected its Louisiana state legislator, Roy Daryl Adams, in the 62^nd district. Adams is the only minor party state legislator in any state other than Vermont.

Libertarian Party: in Indiana: Ryan Coby, Milton Town Council; Nathan Kring, Tipton City Council; Renee Sweeney, Ossian Town Council; Patricia Warner, Claypool Clerk-Treasurer; Larry Waters, Dublin Town Council.

In New York, the Broome County District Attorney race listed above; also Angela Einwachter, Prattsburgh town council; and James Van Dewalker, Allen Town Clerk. The latter two were unopposed.

In Pennsylvania: Borough Council: Joshua Sloan, Baily, Berks County; Mitchell Bailey and Matthew C. Welch, Birdsboro, Berks County; Terry Mohler, Kenhorst, Berks County. Township auditor: five in Berks County, three in Bucks County, four in Chester County, two in Cumberland County, three in Dauphin County, one in Lancaster County, and two in Perry County. They are Jessie Hodge, Exeter Twp.; Peter Schwarze, Jefferson Twp.; Peter Snow, Longswamp Twp.; Alexander Platz, Lower Alsace Twp.; Krsti Lee Duffy, Maidencreek Twp.; Scott R. Belles, Birmingham Twp.; Ayoade Ojikutu, East Fallowfield Twp.; Jeffrey Sullivan and Richard Huey, Schuykill Twp.; Alexander Houck, Southampton Twp.; Craig Patton, Upper Frankford Twp.; Joshua Watts, Jefferson Twp.; Jessica Hanwell, Middle Paxton Twp.; Michael Robertson, West Hanover Twp.; Steven Rosenshine, Mt. Joy Twp.; Heather Simpson, Juniata Twp.; William Shedd, Wheatfield Twp.; Alexander Barenbaum, Solebury Twp.; Nicole Tartaglia, Solebury Twp.; Andrew Farese, Durham Twp. All 24 were unopposed.

Working Families Party: in Connecticut: Wildaliz Bermudez and Josh Michtom, Hartford City Council. In Pennsylvania: Kendra Brooks, Philadelphia City Council. All three wins were in cities that limit the number of nominees any one party may have. The three WFP winners therefore didn’t need to beat any Democrats; they just had to outpoll Republican nominees.

The Socialist Party held a national convention in Newark, New Jersey, on October 25-26. It nominated Howie Hawkins for Presdent. Hawkins is also seeking the Green Party nomination. The Socialist Party is not ballot-qualified in any state, so if Hawkins also wins the Green nomination next year, probably his only ballot label in November will be "Green". Hawkins defeated his only Socialist Party opponent, Elijah Manley, with approximately 60% of the vote. Manley is under age 35.