Illinois Speaker Michael Madigan Wins Lawsuit that Accused Him of Promoting Sham Candidates

On August 23, U.S. District Court Judge Matthew Kennelly dismissed the lawsuit Gonzales v Madigan, n.d., 1:16cv-7915. It had been filed in 2016 by one of Michael Madigan’s opponents in the Democratic primary. Madigan is a member of the Illinois House of Representatives. He has been speaker for 33 years and is also chair of the Illinois Democratic Party. His district has been tending toward being a majority-Hispanic district. In the 2016 primary, Madigan appears to have recruited two candidates with Latino names to run against him, to divide the Hispanic vote, and defeat Jason Gonzales. Madigan won the primary.

In 1973, the Seventh Circuit had ruled in Smith v Cherry that when a sham candidate is recruited, that is a violation of the U.S. Constitution. Gonzales depended on that precedent, and filed a federal lawsuit against Madigan. But after three years of complicated proceedings in the Gonzales case, the judge dismissed it on the grounds that during the 2016 primary campaign, the charge that two of the candidates were sham candidates had been widely publicized. Here is the 19-page decision.

David Koch Dies

On August 23, David Koch, who was the Libertarian Party’s vice-presidential nominee in 1980, died. See this New York Times story. He was 79, and died of prostate cancer, the same disease that killed David Bergland (the 1984 Libertarian nominee) earlier this year.

Back in 1980, when the Libertarian Party nominated Koch, ballot access for president was more difficult than it is today. Yet the Libertarian Party national ticket got on the ballot in all states plus D.C. in 1980. That was the first time any party, other than the Democratic and Republican Parties, had ever got on the ballot in all jurisdictions in the entire history of government-printed ballots, since 1892. That feat was possible only because David Koch was willing to spend the money to pay for ballot access petitioning.

George Wallace in 1968 had appeared on the ballot of all 50 states, but he did not qualify in the District of Columbia, which at the time required a petition of 5% of the registered voters. Henry Wallace of the Progressive Party in 1948 failed to get on the ballot in Illinois, Nebraska, and Oklahoma. Robert La Follette of the Progressive Party in 1924 failed to get on the ballot in Louisiana. Theodore Roosevelt of the Progressive Party in 1912 failed to get on in Oklahoma. Eugene Debs of the Socialist Party, in his five runs for president, never got on a government-printed ballot in North Carolina (although North Carolina back then accepted privately-printed ballots, so Debs did receive votes in North Carolina).

Texas Minor Parties File Brief in Ballot Access Case

On August 22, the Libertarian, Green, Constitution, and America’s Party filed this brief in the Texas ballot access case, Miller v Doe, w.d., 1:19cv-700. The brief is in response to the state’s earlier brief, asking that this case be dismissed without further proceedings. The lawsuit challenges virtually every Texas ballot access requirement that applies to newly-qualifying parties, to parties that are already on the ballot but which nominate by convention, and to independent candidates.