Statewide Independent Candidates in Five States Could Conceivably Win in November 2018

Never before have more than two independents been elected to statewide office around the nation in any one election year. But in 2018, it is likely that three or four states will elect statewide independents, with a fifth state possible as well.

In Vermont, Bernie Sanders will run for re-election as an independent to the U.S. Senate, and he is expected to win. In Maine, Angus King will run for re-election to the Senate, and he is also expected to win. He will benefit from ranked choice voting, which will be in effect in his race. In North Dakota, Secretary of State Al Jaeger is running for re-election as an independent.

No polls seem to have been held in California to determine whether Steve Poizner will win his race for Insurance Commissioner. He is running against State Senator Ricardo Lara, a Democrat. Poizner held the Insurance job in the past, so he is well-known, and personally wealthy.

In Alaska, independent Governor Bill Walker is running for re-election, again as an independent. Polls show him in third place, with about 25% of the vote, but the polls are not very meaningful at this point because no one even knows who the Republican nominee will be. The primary is August 21.

In 2006 and 2012, two states elected statewide independents, in each case to the U.S. Senate. Those states were Connecticut and Vermont in 2006, and Maine and Vermont in 2012. Also in 1936, two statewide independents were elected: William Langer, Governor of North Dakota; and George Norris, U.S. Senator for Nebraska.

No One Files as an Independent or Third Party Candidate in Illinois U.S. House District 3, Where Republican Nominee is Avowed Neo-Nazi

No one filed a petition to be on the Illinois general election ballot for U.S. House, 3rd district, and the deadline has now passed. The Republican nominee in that district is Arthur Jones, an open neo-Nazi. See this story. The story says that Republicans wanted to recruit a candidate to petition onto the general election ballot, but the requirement of over 14,000 valid signatures is too difficult. That same 5% petition requirement for U.S. House is under court attack in U.S. District Court, in the case Gill v Scholz. Discovery is underway.

Republicans say the will find a write-in candidate for the general election in this district.

Third Circuit Identifies Judges Who Will Handle Pennsylvania Case on Who Can Circulate Primary Petitions

On June 25, the Third Circuit said it will decide De La Fuente v Cortes, 17-3378, without oral argument. The three judges who now have the case are Patty Shwartz, Richard Nygaard, and Marjorie Rendell. The issue is the Pennsylvania law that restricts who can circulate petitions to get a candidate on a primary ballot. The law says they must be voters who are registered in Pennsylvania and who are members of the same party.

Judge Shwartz was also on the panel that earlier issued an opinion in a similar New Jersey case, Wilmoth v Guadagno. That ruling remanded the case back to the U.S. District Court, but said the New Jersey restriction on who can sign a primary petition cannot survive unless it is needed for a compelling reason.

June 2018 Ballot Access News Print Edition

Ballot Access News
June 1, 2018 – Volume 34, Number 1

This issue was printed on yellow paper.


Table of Contents

  1. WINS AGAINST COLORADO AND NEW YORK BANS ON OUT-OF-STATE CIRCULATORS
  2. OKLAHOMA BALLOT ACCESS BILL SIGNED
  3. CONNECTICUT JOINS NATIONAL POPULAR VOTE PACT
  4. DEMOCRATS SUE FLORIDA OVER BALLOT ORDER OF CANDIDATES
  5. NEBRASKA BALLOT ACCESS CASE FILED
  6. SOME SUPPORTERS OF CALIFORNIA TOP-TWO ARE CHANGING MIND
  7. POLL ON CALIFORNIA ELECTION SYSTEM
  8. MAINE REPUBLICANS SUE TO STOP RANKED CHOICE VOTING FOR THEIR OWN PRIMARY
  9. CALIFORNIA ELECTOR LOSES
  10. NORTH CAROLINA BALLOT ACCESS
  11. TIM CANOVA WINS LAWSUIT OVER BALLOT DESTRUCTION
  12. MONTANA DEMOCRATS ATTACK GREEN PARTY
  13. LEGISLATIVE NEWS
  14. 2018 PETITIONING FOR STATEWIDE OFFICE
  15. LIBERTARIAN STATE SENATOR IN NEBRASKA FACES TOUGH BATTLE
  16. DON BLANKENSHIP JOINS CONSTITUTION PARTY
  17. NEW YORK REFORM PARTY STATEWIDE PRIMARY WILL BE FIRST IN STATE TO ALLOW INDEPENDENTS TO VOTE
  18. NORTH DAKOTA SECRETARY OF STATE TO BE INDEPENDENT CANDIDATE
  19. TWO UNQUALIFIED CALIFORNIA PARTIES HAVE STATEWIDE CANDIDATES
  20. SUBSCRIBING TO BAN WITH PAYPAL

More Law Professors File Amicus Curiae Brief in U.S. Supreme Court, in Case Involving Territorial Voting Rights

On June 28, some law professors filed this amicus curiae brief in Segovia v United States, 17-1463. This is the case that challenges federal law and Illinois law that says U.S. citizens who move to Guam, Puerto Rico, or U.S. Virgin Islands lose their ability to vote, yet if the same voters moved to American Samoa, the Northern Mariana Islands, or a foreign country, they could continue to vote absentee in Illinois elections.

Another set of law professors had already filed. Both sets of professors are on the side of the voters who brought the lawsuit.

The U.S. Supreme Court earlier had asked the government to file a brief, defending its policy. The brief of the government defendants had been due June 28, but the government asked for another month, so now the government briefs are due at the end of July.