The editor of Ballot Access News has just sent a fax to South Carolina Governor Mark Sanford, asking him to veto H.3746, which passed the legislature on June 3.
The fax points out that South Carolina procedures for independent candidates are already so difficult, that in the entire history of the existing law, no one has ever qualified in South Carolina as an independent candidate for either house of U.S. Congress, or for Governor. 10,000 signatures are required for each of those offices.
H.3746 shrinks the available time available for completing the petition, requires each petition sheet to be notarized (which costs a lot of money), requires independent candidates to submit a declaration of candidacy in early June, and says newly-registered voters can’t sign for independent candidates during the last 30 days of the petitioning period.
The declaration of candidacy is probably unconstitutional as to presidential independent candidates. The provision not permitting newly-registered voters to sign during the last 30 days of the petition drive probably violates Socialist Workers Party v Rockefeller, 314 F.Supp 984 (S.D.N.Y. 1970), a decision that the U.S. Supreme Court summarily affirmed, 400 U.S. 806 (1970). See the part on page 992. That part of the bill also seems to violate Bush v Gore, 531 U.S. 98 (2000), which says that the government must treat all voters equally.
Governor Sanford’s postal address is PO Box 12267, Columbia SC 29211. His fax is 803-734-5167.
At least eight times in the past twenty years, Governors have vetoed restrictive ballot access bills. They include:
1. Oregon Governor Barbara Roberts vetoed SB 286A in 1991. It would have barred qualified minor parties from nominating anyone who hadn’t been a member of that party for a year.
2. Idaho Governor Cecil Andrus vetoed HB 320 in 1993. It moved the petition deadline for independent candidates from August to March.
3. California Governor Pete Wilson vetoed AB 2218 in 1994. It would have denied declared write-in candidates the ability to have their votes counted.
4. Arizona Governor Fife Symington vetoed SB 1138 in 1995. It would have vastly increased the number of write-ins needed for a candidate to be nominated in his or her own party’s primary.
5. Georgia Governor Zell Miller vetoed SB 148 in 1995. It would have moved the petition deadline for minor party and independent candidates from July to May.
6. Pennsylvania Governor Tom Ridge vetoed SB 200 in 1997. It would have quadrupled the number of signatures needed for minor party and independent candidates.
7. New Mexico Governor Gary Johnson vetoed HB 865 in 1997. It would have outlawed write-in votes.
8. Illinois Governor Pat Quinn vetoed HB 723 in 2009. It made it much more difficult for a ballot-qualified party to nominate someone after the party primary was over. However, the legislature overrode his veto.
I suspect that the Governor might say that a veto threat is premature since the bill must be reconciled between the House and Senate version, but I agree with Richard that we in South Carolina should ask the Governor to veto the legislation. Pointing out that there are substantial costs in defending the bill in court when overturning at least parts of the bill is likely may appeal to his fiscally conservative side.
Interesting that S 590, the companion bill in the Senate, is sponsored in part by Jake Knotts. The Lexington Republican had flirted with the idea of running as an independent against our current Republican Governor when he ran for re-election, but opted not to run because he didn’t think he could raise the million dollar + campaign contributions needed to get him elected. Knotts is currently “in the news” because he called President Obama and Gubernatorial candidate Nikki Haley “rag heads”. He has since reportedly apologized.
The bill is also sponsored by Robert Ford, a Black Democrat who is seeking the Democratic nomination for Governor, but is given little chance at victory in the June primary.
The House bill is sponsored by only two members, and usually they pile on once a bill seems to be close to approval.
Do we write to the governor at his Argentina address? 😉
Yikes. How many old files or New Age databases does BAN somehow manage to update (not seen anywhere else in the known universe) ???
— i.e. the zillion combinations of the ballot access machinations by the party hacks — legislative, executive and judicial ???
— i.e. just about the entire legal history of ballot access stuff in the U.S.A. / England going back to 1066 ???
Pat Quinn’s veto of HB 723 had nothing to do with the content of the legislation. In Illinois, a governor can add a recommendation for an amendment to vetoed legislation. The legislature can override the veto with a 2/3 majority; or it can go along with the governor’s proposed changes, even, as in this case, they had absolutely nothing to do with the original legislation, by a simple majority; or they can let the veto stand.
The practice of slating was just fine in Illinois until the Greens started using it.
#6 “just fine in Illinois”
Faxed to the Governor today:
The Honorable Mark Sanford
Governor, State of South Carolina
Fax – 803-734-5167
Dear Governor Sanford,
I am writing you today to ask you to veto H 3746 and/or S 590. These bills would surely face court
challenges which would cost the state dollars we cannot afford.
This legislation is a classic example of a “solution in search of a problem”, as South Carolina has never had a candidate qualify for office as an independent for federal office as I understand it, nor for Governor and makes doing so even more unlikely. It is unfair to the voters and citizens of South Carolina because it limits our pool of potential candidates.
State law already prohibits a loser in a primary election from running as a petition candidate, so again it seems that this law serves no good purpose.
In closing, I sincerely and respectfully ask you to VETO H 3746 and/or S 590.
Yours,
Gregg Jocoy
4 Polaski Court
Simpsonville, SC 29681
803-984-5414
dispenses employ a wonderful webpage decent Gives gives thanks for the efforts to help me personally