On November 19, the Oregon Democratic Party reaffirmed its desire to let only registered Democrats vote in its primaries. The state allows each party that holds a primary to decide for itself whether to let independent voters choose that party’s primary ballot. The only party with a primary in Oregon that customarily allows independents to vote in its primary is the Independent Party.
Eight months has elapsed since the Third Circuit heard Constitution Party v Cortes, 16-3266. The issue is the requirement that minor party and independent candidate petitions for statewide state office include at least 100 signatures from each of ten counties. The U.S. Supreme Court struck down county distribution requirements for statewide petitions in 1969 in Moore v Ogilvie, 394 US 814. No other state requires minor party or independent candidates to comply with a county distribution requirement.
Pennsylvania also has a county distribution requirement for Democrats and Republicans seeking a place on a primary ballot, if they are running for state (not federal) office. If the Constitution, Green and Libertarian Parties win their case in the Third Circuit, it is inevitable that someone will challenge the primary petition distribution requirement as well. Petitioning for Pennsylvania primary elections for 2018 starts in February 2018, so it seems important that the Third Circuit put out its decision soon. Here is a link to the audio for the hearing that was held in the Third Circuit back on March 22, 2017.
National Public Radio has this comprehensive story about Illinois ballot access laws for minor party and independent candidates. Thanks to many people who sent me this link.
This is one of the few stories about Illinois ballot access that explains that the problem is not only too many signatures, but the fact that Illinois lacks any procedure for a group to transform itself into a qualified party, in advance of any particular election. Illinois is one of only eleven states that lacks any such procedure. Generally Illinois reporters, when they write about ballot access, do not mention this point. The other such states are Connecticut, Indiana, Iowa, Kentucky, New Jersey, New York, Pennsylvania, Virginia, Washington, and West Virginia. Also Georgia’s procedure only applies to statewide office, not district or county office.
It is possible a bill will be introduced in Indiana soon to set up a party petition procedure.
Politico Magazine has this article by Stan Brand, former general counsel to the U.S. House of Reprsentatives. Brand doubts that the U.S. Senate would have the authority to expel Roy Moore should Moore be elected next month.
The Ohio Libertarian Party’s petition to get back on the ballot now has more than 70,000 signatures. The requirement is 54,965. The party expects to finish by December 31, 2017. This is easily the most difficult petition drive being undertaken by any political party during 2017. The Ohio requirement is the second highest number required by any state for new party ballot status for 2018 (when the easier method to get a new party, with the party label, is compared state-by-state).
Only California has a higher number. The California number, approximately 60,000, requires registered members, not petition signatures. The California number can’t be known exactly yet, because the formula is .33% of the total number of registered voters as of the deadline, which is in the future.
