Ohio Secretary of State Denies Party Status to Libertarian Party Based on Gary Johnson’s Vote; Party Then Asks State Supreme Court for Relief

Posted on by December 19, 2016
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Ohio law says a party that polled 3% or more for President in 2016 is entitled to party status. Gary Johnson polled 3.17% of the presidential vote in Ohio last month, and on December 2, the Libertarian Party asked the Secretary of State to recognize the Libertarian Party. On December 16, the Secretary of State refused, in a two-page letter that gives no rationale at all for the denial. It merely says that the party’s attorney, Mark Brown, once wrote in a brief that it isn’t likely that a party can be recognized based on its vote if it hadn’t previously been recognized.

On December 19, the party asked the State Supreme Court to reverse the Secretary of State’s decision. The court has discretion as to whether to hear the case, which is called State ex rel Fockler v Husted. Here is the brief.

Seven Presidential Electors Are Allowed to Cast Votes for Candidates Other than Donald Trump or Hillary Clinton

Posted on by February 18, 2019
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On December 19, seven presidential electors were allowed to cast votes for presidential candidates other than Donald Trump or Hillary Clinton. They include two Republicans from Texas, four Democrats from Washington, and one Democrat from Hawaii. See this map.

In addition, attempts were made in Maine, Minnesota, and Colorado.

The other presidential candidates who got votes were: Bernie Sanders 1; Colin Powell 3; Ron Paul 1; John Kasich 1; Faith Spotted Eagle 1. Thanks to Andy Craig for that information.

2016 had the highest number of “disobedient” electors for president since 1808 (unless one considers the 1872 Democratic votes “disobedient”, but that was a special case because the Democratic presidential nominee had died after the November election but before the electors met). Also this is the first election with “disobedient” presidential votes from the ranks of two different parties. And it is the first election since 1796 in which more than six individuals received electoral votes for president. In 1796 thirteen individuals received electoral votes, but back then every elector had two votes and the intent was that most of the candidates who got votes were considered potential vice-presidents, not presidents.

For more, see How are Electors Chosen?

Ohio Presidential Elector who is Also a State Legislator Resigns as an Elector

Posted on by December 19, 2016
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On Sunday evening, December 18, at 11:04 p.m., Ohio state legislator Christina Hagan resigned as a Republican presidential elector. The Ohio Constitution appears to forbid state legislators from serving in any federal or other state office. A hearing on whether she was in violation of that part of the state constitution had been set for Monday morning, December 19, but the case is now moot.

See this story. Because she didn’t show up at the electoral college meeting in Columbus, the other electors replaced her, and all voted for Donald Trump.

Most states have no ban on state legislators serving in other federal or state office, and in any presidential elector, a large percentage of the presidential electors are state legislators.