Oklahoma Bill, Easing Definition of Political Party, is Signed Into Law

Posted on by May 4, 2018
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On May 3, Oklahoma Governor Mary Fallin signed SB 350. It eases the definition of “political party”. The new law says it is a group that polled 2.5% for any statewide race, at either of the last two elections. The old law required a vote of 2.5% for Governor in midterm years, and 2.5% for President in presidential years.

Under the old law, almost every minor party in the United States would have gone off the Oklahoma ballot in presidential years. The only third parties that have polled as much as 2.5% for President in the nation in the last 90 years have been the American Party in 1968, the Reform Party in 1996, the Green Party in 2000, and the Libertarian Party in 2016.

Going off the ballot in Oklahoma is a special problem, because the petition requirement to get on the ballot (a petition of 3% of the last gubernatorial vote) is very severe. That petition cost the Libertarian Party $100,000 in 2015-2016. Thanks to E. Zachary Knight for the news.

Institute for Free Speech Files Amicus Brief in Utah Republican Party Lawsuit Over Primary Procedures

Posted on by May 3, 2018
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On April 25, the Institute for Free Speech filed this 14-page amicus curiae brief in Utah Republican Party v Cox, 16-4091. The case itself is over whether the Utah Republican Party must permit petitioning candidates to get on its primary ballot, or whether it should be allowed to limit its primary ballot to candidates who showed substantial support at a party meeting. The party lost the case by 2-1 on March 20, but then asked for reconsideration. The panel has asked the state to respond to the request for reconsideration, which shows the judges are taking the request seriously.

The Institute for Free Speech attacks the majority opinion for holding that an association’s interest should be determined, not by what the group’s official position is, but on what the majority imagines is the interest of the rank-and-file members of the association.

Cook Political Report Story on How Top-Two Jeopardizes Democratic Ballot Access in Three U.S. House Districts in California

Posted on by May 3, 2018
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The widely-read Cook Political Report has this story about the California top-two system, and Democratic Party fears that no Democrat will be on the November ballot in three particular U.S. House districts, even though Hillary Clinton carried all three districts in November 2016.

This story may be old news to BAN readers. The real significance of the Cook Political Report analysis is not so much the content, but that this subject is getting so much national press attention. Thanks to Rick Hasen for the link.

Morton Kondracke Wants John Kasich to Run as an Independent Presidential Candidate in 2020

Posted on by May 3, 2018
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Real Clear Politics has this essay by journalist Morton Kondracke, who advocates that Ohio Governor John Kasich run for president in 2020 as an independent.

The article quotes John Weaver, a consultant, as saying that it would cost $100,000,000 to get an independent presidential candidate on the ballot in all fifty states. This is ludicrously inaccurate.