California Assemblymember Frank Bigelow has introduced AB 372, to require write-in candidates to pay a filing fee if they are running for a partisan office and place first or second in the June primary. The bill is probably prompted by the fact that in 2014, Bigelow was the only name on the primary ballot for Assembly, 5th district. But a Libertarian, Patrick D. Hogan, filed as a write-in in the June primary, and came in second, since there were only two people eligible to receive votes, Bigelow and Hogan. In November, Hogan was the only Libertarian on the California ballot for a partisan race and he got 25.75% of the vote.
The California filing fee is 2% of the office’s annual salary for statewide office, and 1% of the office’s annual salary for district office. If the bill had been in effect in 2014, Hogan would not have been on the November ballot unless he paid almost $1,000 to election officials.
In 1972, the California Supreme Court issued an order, letting Socialist Labor Party candidate Herb Steiner file as a declared write-in candidate for U.S. House without paying any filing fee. That decision is not published but can be found in the minutes of the California Supreme Court in volume 62, page 533. Also in 1974 the same court issued a full opinion in Knoll v Davidson, 12 C. 3d 335, saying that the U.S. Constitution requires that all candidates, not just indigent candidates, must be given a way onto the ballot without paying a filing fee.
In 1989, the Fourth Circuit struck down a Maryland law requiring declared write-in candidates to pay a filing fee, Dixon v Maryland State Adm. Bd. of Election Laws, 878 F 2d 776. In 2000 a U.S. District Court struck down a West Virginia law requiring write-in candidates to pay a filing fee, Phillips v Hechler, 120 F Supp 2d 587 (s.d.). The basis for these decisions is that filing fees are unconstitutional unless they are needed for the purpose of keeping ballots uncrowded, yet a write-in candidate’s name doesn’t appear on the ballot so it doesn’t cause a cluttered ballot. Applying this principle to the California general election, clearly no filing fee is needed, because California general election ballots for partisan office other than president cannot include more than two names on the ballot, so obviously there is no fear of a cluttered ballot.
California requires write-in candidates for partisan office other than president to collect 40 signatures (if they are running for district office) or 65 signatures (if they are running for statewide office). AB 372 will be heard on April 15.
Don’t forget the Assembly District 49 vote in 2014, when George C. Williams, received about 115 write-in votes in the Primary as the American Independent Party candidate, making him place 2nd, thus advancing to the November Election. Mr. Williams received some 30,000 votes against the some 45,000 votes for Democrat Assemblywoman Weber.
I’m sure that made Ms Weber mad and embarrassed that an unknown would poll so many votes against her on a 3rd party ticket. Just think what a well-financed, well-known Democrat could do against her. This had chills running up her back, I’m sure. I would not be surprised she had something to do with this bill. She means not to be embarrassed again.
And of course, the advocates of TOP TWO are going to kill anything that might give a 3rd party or Independent a chance. But one day, yes one day, Independents are going to outnumber both Democrats and Republicans, and a well-known and well-finance Independent is going to run against someone like Ms. Weber, and as we say in the South, “clean her plow.”
“…other than president to collect 40 signatures…”
How many signatures does one have to run in the Presidential Preference Primary in June?
Just wondering how many people wanting to run in the American Independent Presidential Preference Primary, will have to sign petitions for any candidates that are interested.
Richard, you’re the expert here. How many signatures are needed?
Candidates for president in California’s presidential primary don’t need any signatures. Generally the state chair of the party tells the Secretary of State which candidates to list. Until 2012, the Secretary of State had never denied any candidate the party listed. But in 2012, the Sec. of State removed some of the candidates sent in by the American Independent Party chair, and she removed one sent in by the Peace & Freedom Party. The law says the Sec. of State is supposed to put candidates on who are mentioned in the news media. But in California the Sec. of State has a tough time with minor party presidential news media, so she or he just asks the state party chair for a list.
The news media mention stuff is more of the LAWLESS arbitrary stuff in lots of EVIL rotted lawless regimes.
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ONLY nominating petitions to get REAL and SERIOUS candidates.
P.R. and nonpartisan App.V.