Georgia Defends its Virtual Ban on Minor Party and Independent Candidates for U.S. House by Saying Otherwise It Must Hold Run-off General Elections

Since 1943, Georgia has required minor party and independent candidates for U.S. House to submit a petition of 5% of the number of registered voters to get on the ballot for U.S. House. This is so difficult, no independent has done it since 1964, and no minor party candidate has ever done it. The Libertarian Party currently has a lawsuit pending in U.S. District Court against this requirement. Georgia allows the Libertarian Party to be on the November ballot automatically for all statewide offices (state and U.S. Senate alike), but not U.S. House or legislature.

On April 18, the state answered interrogatories, to explain why it has such draconian ballot access requirements for minor party and independent candidates for U.S. House. The state says it has a compelling interest in avoiding the need to hold a run-off general election. Georgia law, since 1964, has provided for run-off general elections for all federal and state office except president. These run-off general elections are in January of the year after the election. Georgia held runoff general elections for U.S. Senate in 1992 and 2008. Both times, the presence of a Libertarian on the ballot for U.S. Senate prevented anyone from getting as much as 50% of the vote in November, for U.S. Senate.

There is an obvious answer to Georgia’s response. The state is free to use ranked choice voting. U.S. Supreme Court Justice Harlan mentioned this idea fifty years ago in his concurrence in Williams v Rhodes, 393 US 23 (1968). Williams v Rhodes was an Ohio ballot access case. Ohio defends its Democratic-Republican ballot monopoly by saying that it wants the winner to always receive at least 50%. Harlan wrote in footnote 8 that Ohio is free to use ranked choice voting.

Illinois State Senator Leaves the Republican Party, Forms the Conservative Party, and Will Run for Governor

On April 19, Illinois State Senator Sam McCann announced that he is no longer a Republican, that instead he is a member of the party he has just formed, the Conservative Party. Also he will petition to get on the ballot as the Conservative Party gubernatorial nominee. Hie Lieutenant Governor running mate will be Aaron Merreighn.

Thanks to the Libertarian Party’s win last year against the full-slate law, the new Conservative Party will not be forced to run anyone for the other statewide offices up this year, which are Secretary of State, Attorney General, Comptroller, and Treasurer.

The Conservative Party will need 25,000 valid signatures by June 25. The only other party that is petitioning for statewide office is the Libertarian Party. See this story. Thanks to Sam Cahnman for this news.

New York Voters File Federal Lawsuit to Obtain a Special Election for U.S. House, 25th District

Congresswoman Louise Slaughter of New York’s 25th district died on March 16, 2018. On April 17, some voters in her district filed a federal lawsuit against the Governor, so as to obtain a special election to fill the vacant seat. Seubert v Cuomo, w.d., 6:18cv-6303.

Although a similar lawsuit in Michigan recently failed to get injunctive relief, it is easier for a New York case to win. New York does not require primaries in special U.S. House elections; party committees may choose nominees. By contrast, Michigan law requires primaries in special congressional elections, and obviously it takes much longer when a state must hold a special primary followed by a special general election. Thanks to Joe Burns for this news.

Florida Constitution Revision Commission Won’t Put Any Changes to Primary Elections on Ballot

On April 16, the Florida Constitutional Revision Commission issued its final decisions on which proposed state constitutional changes to put on the November 2018 ballot. According to this story, the Commission voted not to change the primary system.

There had been support for a constitutional amendment saying that write-in candidates in the general election should be deemed not to exist, in connection with partisan primaries. Current law says when all the candidates for any particular partisan office are from the same party, then the August primary for that particular office is open to all registered voters, no matter what their partisan affiliation. This has been the law for 20 years.

Current law treats declared write-ins candidates in the general election as though they were not members of any particular party. So, when someone files as a write-in for the general election for a particular office, the primary for that office remains closed, even if all the ballot-listed candidates are from the same party.