NEW YORK WORST IN THE NATION FOR VOTER CHOICE

On September 27, the U.S. Supreme Court refused to put Robert F. Kennedy, Jr. on the New York ballot.  As a result, New York voters are the only voters in the nation with only two presidential candidates on the ballot.

In the last 40 years, it has been very rare for any state to have such a restricted ballot in a presidential election.  Except for Oklahoma in 2004, 2008, and 2012, no other state in the period 1985-2024 has given voters a presidential ballot with only two choices.

The Oklahoma legislature has substantially eased that state’s ballot access laws since 2012, and now there are always at least five presidential candidates on in that state.

In 1968, the U.S. Supreme Court struck down Ohio’s severe ballot access law.  The key piece of evidence in that case, Williams v Rhodes, was that Ohio was the only state that year with only two candidates on the ballot for President.  Since then, the Court has said in two subsequent cases, Storer v Brown and Mandel v Bradley, that if a ballot access law is so severe that no one uses it, it is probably unconstitutional.  In the recent Kennedy case, the U.S. Supreme Court was informed that New York would only have two candidates on the ballot unless relief was granted, but that did not seem to sway the Court.

This year, there are minor party and independent presidential candidates with substantial campaigns, representing views that are very different than the views of the two major party candidates.  New York voters who wish to signal their support for those alternative views are now prohibited from sending that message, except through write-in votes.

New York will probably have tens of thousands of write-in votes for President this year.  Election administration suffers when there are lots of write-in votes.  Such ballots need extra processing, which is expensive and time consuming.

The average number of minor party and independent presidential candidates in each state this year is 4, and the median is 4.  Here is the number of minor party and independent candidates in each state:

9	La
8	Wa
7	Id,Mn,Ms,NJ
6	Ak,Co,Mi,SC,Ut,Wi
5	Ar,Fl,Ia,NM,Or,RI,Tn,Vt
4	Ca,Hi,Ky,Ma,NC,Oh,Va
3	Al,Ct,De,Me,Md,Mt,Ne,Ok,WV
2	Az,Ga,In,Ks,Mo,Nv,NH,Pa,SD,Tx
1	DC,Il,ND,Wy
0	NY

Why NY Has So Few Candidates

1. New York has the third earliest petition deadline for independent candidates for president.
2. New York has the third highest number of signatures, when the easier method in each state for presidential candidates is compared.
3. New York’s definition of a qualified party is significantly more difficult that most states, because most states either don’t have a vote test, or if they do, the vote test applies to any statewide office. New York’s test only applies to President and Governor, the two offices for which minor parties are least likely to receive a large vote.
4. New York lacks any procedure for an unqualified party to qualify itself in advance of any election, a characteristic shared by only ten other states.
5. At six weeks, New York has the nation’s shortest petitioning window for petitioning for presidential candidates. Most states have at least one procedure that allows petitioning or registration drives to be carried on for a year or more. Some states allow infinite time.
6. New York is one of a minority of states that won’t let voters sign petitions for more than one candidate for the same office. This prohibits cooperation by two or more parties in the petitioning process.
7. New York is one of only five states that keeps a party column ballot format, which puts minor party and independent candidates on a spot on the ballot that is not conspicuous and lowers their vote totals. That, in turn, makes it more difficult for them to poll enough votes to meet the vote test.

Most of this evidence has been presented to federal and state judges repeatedly since 2020, when the definition of a qualified party was made drastically more difficult by then-Govenor Andrew Cuomo.  Both federal and state judges have denied trials and appear not to have read the evidence.  State court judges, except for the highest state court, are elected in partisan elections and their ability to receive the nomination of the major parties depends on the major party organizations.

It is ironic that New York has become so hostile toward minor parties and independent candidates, because the state has a rich history of minor party and independent officeholders.

New York voters elected three minor party nominees for the U.S. House in 1948 and 1949.  No minor party nominees (who weren’t also major party nominees) have been elected to the U.S. House in any state since then.

New York voters elected a minor party nominee to the U.S. Senate, James Buckley, in 1970.  That has not happened in any state since then (Joe Lieberman in Connecticut was really an independent candidate with a partisan label, “Connecticut for Lieberman”, not an actual minor party nominee).

New York City elected two Communist Party nominees to the City Council in the 1940’s.  The Communist Party did not win any other partisan elections for any office in any state in its entire history.

New York is one of only two states that ever elected a Socialist Party nominee to the U.S. House.

New York City elected an independent candidate for Mayor in a special election in 1950, Vincent Impellitteri.  It re-elected John Lindsay in 1969 even though he was not the nominee of any party other than the Liberal Party.

TEN BALLOT ACCESS WINS

Alaska:  on September 12, the State Supreme Court kept Eric Hafner on the ballot.  He is one of two Democrats on the ballot for U.S. House.  Alaska Democratic Party v Beecher, S19231.  The Democratic Party argued at first that he is not qualified, because he is in prison in another state.  Later the party dropped that argument and said he should not be on the ballot because the top-four system rules don’t permit more than one replacement after someone has dropped out.   In this case, the primary candidates who had placed third and fourth had dropped out, so the state had let the fifth and sixth-place finishers take their place.  Hafner had placed sixth.

Georgia:  on September 13, the Secretary of State put Jill Stein on the ballot.  An administrative law judge had removed her on the grounds that there is a factional dispute in the state Green Party and the wrong faction had submitted the paperwork, but the Secretary of State overruled that.

Michigan:  on August 30, the State Appeals Court agreed with a lower court that Cornel West should be on the ballot.  West v Secretary of State of Michigan.  The Secretary of State had kept him off because a form hadn’t been properly notarized, but the court said the form wasn’t needed anyway.  The Democratic Party, which had intervened in the case, then asked the State Supreme Court to reverse the decision, but on September 9 the Supreme Court refused to hear the appeal.

Minnesota:  on August 31, the State Supreme Court kept Shiva Ayyadurai on the ballot as an independent candidate.  He had been challenged because he was born in India, but the Court said the objectors had not served him properly.  Smith v Simon, A24-1344.

Montana:  on September 17, the State Supreme Court kept the Green Party nominee for U.S. Senate on the ballot.  Montana Democratic Party v Montana First Judicial District Court, OP24-0524. The Green Party had chosen him after the primary.  The Democratic Party said the procedure violated the Green Party’s own bylaws, but the Court did not agree.

Nevada:  on August 27, a challenge to Robert F. Kennedy, Jr. was withdrawn.  Rockefeller v Aguilar, First Judicial District, 24OC00011.  The challenge had claimed that Kennedy couldn’t be an independent candidate in Nevada because he was a minor party candidate in other states.  The case was dismissed “with prejudice”, meaning that if it had continued, Kennedy would have won.  The challenge was withdrawn because Kennedy didn’t want to be on anyway.

New Hampshire:  on September 19, the Ballot Law Commission defeated a Democratic Party challenge to Jill Stein’s ballot position, by a vote of 5-1.  The challenge had argued that approximately 1,000 signatures were invalid because the signers didn’t list their Ward number.

Oregon:  on August 23, the Secretary of State rejected a Republican Party challenge to some Libertarian nominees for district offices.  The Republicans had argued that the Libertarian Party had not followed its own bylaws in the convention nomination process.

Virginia:  on September 6, the State Board of Elections reversed itself and put Cornel West back on the ballot.  It had removed him on August 29 because of some faulty paperwork, but then it became convinced that action would violate due process, because the new paperwork requirement had been added after the petitioning period had started.

Wisconsin:  on August 27, the State Board of Elections voted 5-1 to keep Cornel West on the ballot.  Democrats had challenged his ticket because the vice presidential nominee had signed a form on the wrong line.  She had then filled out a revised form with her signature in the correct place, but Democrats said the revised form should be set aside because it had not been stapled to the original form.

EIGHT BALLOT ACCESS LOSSES

Georgia(1): on August 26, a U.S. District Court refused to let the Georgia Libertarian Party amend its Complaint in the case concerning ballot access for minor party and independent candidates for U.S. House.  The case has now lost in the U.S. District Court and is being appealed to the Eleventh Circuit.  Cowen v Rafflesperger, n.d., 1:17cv-4660.  The case is now seven years old.

Georgia(2): on September 25, the State Supreme Court said that votes for Cornel West and Claudia De la Cruz cannot be counted.  Al-Bari v Pigg, S25A0177.  Their names are on the ballot and the ballots had already been printed; otherwise, the Court would have kept them off.  The Court said there is no procedure in Georgia for an independent presidential candidate to circulate a petition.  Instead, each candidate for presidential elector must submit his or her own petition.  No other state has had such a policy since the early 1960’s, when Minnesota and Wisconsin abolished that silly procedure.  The Secretary of State had advised the candidates that they could circulate their own petitions, but that was inaccurate advice.

Iowa:  on September 11, the State Supreme Court kept all three Libertarian nominees for U.S. House off the ballot.  They had been nominated by party meeting, and the party had held its precinct caucuses and its county conventions on the same day, but the law says they must be held on different days.

Nevada:  on September 6, the State Supreme Court removed the Green Party from the ballot.  The lower court had kept it on, but that was reversed.  Nevada State Democratic Party v Nevada Green Party, 24 OC 00107.1B.  On September 20, the U.S. Supreme Court refused to intervene.  The Secretary of State had told the Green Party to use one particular petition form, but that form was faulty because there was no statement saying the circulator believes all the signatures are valid.  The statement is meaningless because the signatures get checked anyway; also initiative petition forms don’t need such a form.  The Nevada Supreme Court said the mistake was “unfortunate”, but it was fatal.  The law does not include any mention of the missing statement, but there is a regulation that does require it for new party petitions.

New York:  on September 18, the Second Circuit refused to put Robert F. Kennedy, Jr. on the ballot.  Kennedy v Berger, 24-2385.  He was kept off because he put the postal address at which he is registered to vote on his Declaration of Candidacy.  But the state courts felt it was a “fraudulent” address, even though he gets postal mail there.

On September 27, the U.S. Supreme Court refused to intervene.  The Second Circuit did not write an opinion; it just issued a one-sentence order.  No Court in this controversy mentioned that President Dwight Eisenhower, when he ran for re-election in 1956, listed himself at a New York city address, even though he hadn’t lived there since 1950, and the only home he owned at the time was in Pennsylvania.  The judges were Reena Raggi, a Bush Jr. appointee; Denny Chin, an Obama appointee; and Steven Menashi, a Trump appointee.

Pennsylvania:  on September 13, the State Supreme Court refused to put the presidential nominees of the Socialism & Liberation, Constitution, and Justice for All Parties back on the ballot.  In re:  Nomination Papers of Constitution Party.  The Court has not yet explained its rationale.  The three parties’ presidential nominees were removed because they didn’t have a full slate of presidential elector candidates, even though as recently as 1988 Pennsylvania had allowed partial slates, and even though there is no Pennsylvania law that requires a full slate.

The three parties had tried to submit a full slate, but some of the paperwork for a few of their elector candidates was faulty.

Never before had any court ruled that a presidential candidate must present a full slate of electors.  Even the major parties in the 19^th century sometimes didn’t have a full slate of elector candidates.

Texas:  on September 13, the Fifth Circuit upheld virtually all state laws relating to ballot access for minor parties and independent candidates.  Miller v Nelson, 23-50537.  The panel also ruled that the Constitution does not require the state to permit electronic signatures, and that conclusion reversed the decision of the U.S. District Court.  The opinion is by Judge Jennifer Walker Elrod (Bush Jr.), and is also signed by Judges Jacques L. Wiener (Bush Sr.) and Cory T. Wilson (Trump).

The decision is only sixteen pages and does not discuss the evidence, but mainly says precedent controls.

Wisconsin:  on September 10, U.S. District Court Judge William C. Griesbach, a Bush Jr. appointee, rejected Shiva Ayyadurai’s lawsuit to get on the ballot as an independent candidate for President.  His petition had enough valid signatures, but he was born in India.  The judge only wrote four pages and said the case is frivolous on its face.  Ayyurdai has similar cases pending in New Jersey (in the U.S. Supreme Court), Nebraska, Tennessee, and Utah.

WITHDRAWAL CASES

Robert F. Kennedy, Jr. filed lawsuits in three states to remove himself from the ballot.  In North Carolina, he won in the State Supreme Court, in a 4-3 decision.  Kennedy v North Carolina State Board of Elections, 235P24.  In Michigan and Wisconsin, he lost in state courts.  He went to federal court in Michigan but lost there also.

In Ohio, on September 25, the Secretary of State said votes for Jill Stein won’t be counted because he believed that her vice presidential nominee had withdrawn.  However, the withdrawal was not signed nor submitted by the nominee, and Greens are hoping the Secretary of State will change his mind.

2024 BALLOT STATUS FOR PRESIDENT

Chase Oliver, Libertarian:  88.6% of the voters will see his name on their ballot.  He is on in 47 states.  His label is “Libertarian” in all states except Alabama, where it is “independent.”  The jurisdictions where he isn’t on are District of Columbia, Illinois, New York, and Tennessee.

Jill Stein, Green:  83.6% of the voters will see her name.  She is on in 38 states:  Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, and Wisconsin.  Her label is whatever the Green Party’s normal label in each state is, except that her label is independent in Alabama, Alaska, Idaho, Nebraska, Ohio, and Tennessee.  Also, in Kentucky, her label is Kentucky Party.  She is on in Ohio, but it is not yet known if her votes will be counted.

Robert F. Kennedy, Jr.:  50.7% of the voters will see his name.  He is on in 31 jurisdictions:  Alabama, Alaska, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Montana, New Jersey, New Mexico, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Vermont, Washington, West Virginia, and Wisconsin.  His ballot label is We the People in Iowa, Louisiana, Minnesota, Montana, Oregon, Vermont, Washington, and Wisconsin.  It is American Independent in California; Independent Party in Delaware; Natural Law in Michigan, and “Team Kennedy” in Rhode Island.  Otherwise it is independent.

Claudia De la Cruz, Party for Socialism and Liberation:  42.5% will see her name.  She is on in 19 states:  California, Florida, Hawaii, Idaho, Iowa, Louisiana, Massachusetts, Minnesota, Mississippi, New Jersey, New Mexico, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and Wisconsin.  Her ballot label is Peace & Freedom in California, Workers in South Carolina, independent in Idaho and Mississippi.

Randall Terry, Constitution Party:  27.0% will see his name.  He is on in 12 states:  Alaska, Colorado, Florida, Idaho, Louisiana, Michigan, Mississippi, New Jersey, North Carolina, Oregon, South Carolina, and Wisconsin.  His label in Michigan is U.S. Taxpayers, the name of the Constitution Party in that state.  In Idaho it is independent.

Cornel West:  25.5% will see his name.  He is on in 15 states:  Alaska, Colorado, Louisiana, Maine, Michigan, Minnesota, Nebraska, North Carolina, Oregon, South Carolina, Utah, Vermont, Virginia, Washington, and Wisconsin.  His label is Justice for All in Louisiana, Maine, Minnesota, North Carolina, Washington, and Wisconsin.  It is Aurora in Alaska, Progressive in Oregon, United Citizens in South Carolina, and Peace & Justice in Vermont.  Otherwise it is independent.

Peter Sonski, American Solidarity:  14.3% will see his name.  He is on in 7 states:  Alaska, Arkansas, Florida, Hawaii, Louisiana, Mississippi, and Ohio.  His label is independent in Mississippi and Ohio.

Rachele Fruit, Socialist Workers Party:  11.0% will see her name.  She is on in 6 states:  Louisiana, Minnesota, New Jersey, Tennessee, Vermont, and Washington.  Here label is independent in Tennessee.

Shiva Ayyadurai, independent:  10.7% will see his name.  He is on in 7 states:  Idaho, Iowa, Kentucky, Massachusetts, Minnesota, Mississippi, and Washington.

Joseph Kishore, Socialist Equality Party:  8.9%% will see his name on the ballot.  He is on in three states:  Michigan, New Jersey, and Washington.  His Michigan label is independent.

Richard Duncan, independent:  3.7% will see his name.  He is on in Ohio.

Joel Skousen, Constitution Party:  2.4% will see his name.  He is on in Idaho, Nevada, and Utah.  Three state Constitution Parties chose him even though he had been defeated at the party’s national convention.

Blake Huber, Approval Voting Party:  2.1% of the voters will see his name.  He is on in Colorado.

Jay Bowman, independent:  1.9% of the voters will see his name.  He is on in Tennessee.

Mattie Preston, independent:  1.4% of the voters will see her name.  She is on in Louisiana.  Her ballot label is Godliness, Truth, Justice.

William Stodden, Socialist:  1.1% of the voters will see his name.  He is on in Iowa.

Chris Garrity, independent:  1.0% of the voters will see his name.  He is on in Oklahoma.

Lucifer Everylove, independent:  .9% of the voters will see his name.  He is on in Utah.

Michael Wood, Prohibition:  .8% of the voters will see his name.  He is on in Arkansas.

Laura Ebke, Liberal:  .6% of the voters will see her name.  She is on in New Mexico.

Vermin Supreme, Conservative:  .3% of the voters will see his name.  He is on in Delaware.

Robby Wells, independent.  .3% of the voters will see his name.  He is on in Rhode Island.

U.S. HOUSE OF REPRESENTATIVES CANDIDATES ON 2024 BALLOT

The chart below shows the number of candidates on the ballot for U.S. House.  No candidate is counted twice; if the candidate is the nominee of two parties, he or she is listed in the party of membership.  The “Other(1)” column entries are:  Alaska, Alaskan Independence; Colorado, Unity; Illinois, Working Class; Michigan, Working Class; Missouri, Better; New Jersey, Socialist Workers; New York, Working Families; South Carolina, Alliance; Utah, United Utah; Vermont, Peace & Justice.  The “Other(2)” entries are:  Colorado, five from the Approval Voting Party and one from the Forward Party; New York, Conservative; South Carolina, United Citizens.

There are fewer independent candidates for U.S. House this year than at any previous election since 2004, when there were only 44 independent U.S. House candidates.

	# seats	Dem.	Rep.	Lib’t.	Green	Consti.	Indp Pty	oth(1)	oth(2)	indp.
Ala	7	4	7	0	0	0	0	0	0	0
Alas	1	1	1	0	0	0	0	1	0	0
Ariz	9	9	9	0	3	0	0	0	0	0
Ark	4	4	4	2	0	0	0	0	0	0
Cal	52	51	48	0	0	0	0	0	0	1
Colo	8	8	8	6	0	1	0	6	6	1
Ct	5	5	5	0	1	0	1	0	0	0
Del	1	1	1	0	0	0	0	0	0	0
D.C.	1	1	1	0	1	0	0	0	0	1
Fla	28	28	27	1	0	0	0	0	0	2
Ga	14	14	14	0	0	0	0	0	0	0
Hi	2	2	2	1	0	0	0	0	0	1
Id	2	2	2	2	0	2	0	0	0	0
Ill	17	15	17	0	0	0	0	1	0	0
Ind	9	9	9	9	0	0	0	0	0	1
Iowa	4	4	4	0	0	0	0	0	0	0
Kan	4	4	4	2	0	0	0	0	0	0
Ky	6	4	6	0	0	0	0	0	0	0
La	6	5	6	0	0	0	0	0	0	0
Maine	2	2	2	0	0	0	0	0	0	1
Md	8	8	8	3	1	0	0	0	0	0
Mass	9	9	2	0	0	0	0	0	0	1
Mich	13	13	13	9	6	4	0	7	0	0
Minn	8	8	8	0	0	0	0	0	0	1
Miss	4	3	4	0	0	0	0	0	0	0
Mo	8	8	8	8	5	0	0	1	0	0
Mont	2	2	2	1	0	0	0	0	0	0
Neb	3	3	3	0	0	0	0	0	0	0
Nev	4	3	4	3	0	3	0	0	0	5
N H	2	2	2	0	0	0	0	0	0	0
N Jer	12	12	12	7	12	0	0	1	0	10
N Mex	3	3	3	0	0	0	0	0	0	0
N York	26	26	26	0	0	0	0	1	1	1
No C	14	12	14	4	1	2	0	0	0	1
No D	1	1	1	0	0	0	0	0	0	0
Ohio	15	15	15	1	0	0	0	0	0	3
Okla	5	4	5	0	0	0	0	0	0	3
Ore	6	6	6	3	3	2	2	0	0	0
Penn	17	17	16	0	0	0	0	0	0	0
R I	2	2	2	0	0	0	0	0	0	1
So C	7	7	7	0	0	1	0	2	1	0
So D	1	1	1	0	0	0	0	0	0	0
Tenn	9	9	9	0	0	0	0	0	0	13
Tex	38	33	35	7	0	0	0	0	0	1
Utah	4	4	4	1	0	1	0	1	0	2
Vt	1	1	1	0	0	0	0	1	0	1
Va	11	11	11	0	0	0	0	0	0	4
Wash	10	9	9	0	0	0	0	0	0	0
W Va	2	2	2	0	0	0	0	0	0	1
Wis	8	8	8	0	1	0	0	0	0	1
Wyo	1	1	1	1	0	1	0	0	0	0
TOTAL	436	416	419	71	34	17	3	22	8	57

RFK JR. VOTE COULD CREATE NEW PARTIES IN A FEW STATES

It is theoretically possible that the vote for Robert F. Kennedy, Jr. could create new ballot-qualified parties in a few states.  The party would be the “We the People Party,” except that in Rhode Island it would be the “Team Kennedy Party”.  But he probably won’t poll enough votes in most of these states.  He would need 1% in Wisconsin; 2% in Iowa; 3% in Montana; 5% in Louisiana, Rhode Island, and Washington; and 8% in Minnesota.  In Oregon, his party will be on the ballot in 2026 no matter what his vote share is, but it would need to increase its registration to one-fourth of 1% by mid-2026 in order to stay on.

GUAM PRESIDENTIAL CANDIDATES

Guam holds a presidential vote, even though it has no electoral votes.  This year the nominees of the Republican, Democratic, Green, American Solidarity, Prohibition, and Socialist Parties are on the ballot, along with Robert F. Kennedy, Jr., whose label is “Independent.”

FREE & EQUAL PRESIDENTIAL DEBATE

Free & Equal will hold its second presidential debate on Wednesday, October 23, in Hollywood, California.  Chase Oliver, Jill Stein, and Randall Terry will participate.  It will last from 5 p.m. to 7 p.m., Pacific Time.

TWO NEW MEXICO PARTIES CHANGE THEIR NAMES

Recently, two ballot-qualified parties changed their names.  The Free New Mexico Party became the Libertarian Party, and the previous Libertarian Party changed its name to the Liberal Party USA.  New Mexico law permits parties to change their names.

Both parties have presidential nominees.  They each need one-half of 1% of the presidential vote in order to remain on the ballot.  The Liberal Party USA nominee is Laura Ebke, a former Nebraska legislator.

LIZ CHENEY SAYS NEW PARTY MAY BE NEEDED

On September 23, former Wyoming Congressmember Liz Cheney said a new political party may be needed.  She is a Republican, but she has endorsed Kamala Harris for President.  Her opinion about a new party was voiced on the Rachel Maddow Show.

NO LABELS PARTY APPEARED ON WASHINGTON PRIMARY BALLOT

At the Washington State primary on August 6, Damond Townsend appeared on the ballot as a candidate for Secretary of State.  He had the ballot label “No Labels”, and he polled fourth, with 96,586 votes.  The No Labels organization was fiercely opposed to having any candidates this year for office other than President, but it took no action to block its label in Washington.