Two Conservative Parties in France Cooperate to Hold a Private Presidential Primary

The Republican Party of France and the Christian Democratic Party of France are holding a privately-administered presidential primary on November 20. Seven candidates are on the ballot. If no one gets 50%, there will be a run-off primary on November 27. The primary is open to any voter who pays two Euro’s and who signs a pledge that he or she “supports the values of the center and the right.” Party membership is not required.

The seven candidates for the nomination debated each other on November 17. In France, debate sponsors strictly apply equal time. See this story and note the time-keeping device in the front of each candidate’s podium.

The seven candidates are Jean-Francois Cope, Francois Fillon, Alain Juppe, Nathalie Kosciusko-Morizet, Bruno LeMaire, Jean-Frederic Poisson, and Nicolas Sarkozy. The general election is in May 2017.

Rocky De La Fuente Is Suing Arizona over Requirement that Independent Presidential Candidates Need Almost Twice as Many Signatures as New Parties

Back on July 20, 2016, independent presidential candidate Rocky De La Fuente filed a federal lawsuit against Arizona, over the number of signatures for an independent presidential candidate. The 2016 requirement for independents for president (and all other statewide office) was 35,514 signatures. The 2016 petition requirement for newly-qualifying parties was 20,119. De La Fuente says there can’t be an important state interest in requiring almost twice as many signatures for a single candidate when the state lets an entire new party on the ballot for substantially fewer signatures.

De La Fuente is pro se in this lawsuit. Nothing of substance has happened in the case yet. De La Fuente filed an amended complaint on November 2. The case is before Magistrate Judge John Z. Boyle.

Independent candidates have won similar cases against Alabama, Florida, Maryland, and North Carolina. However, in 2010, the Ninth Circuit upheld Hawaii’s requirement that an independent presidential candidate needed 3,711 signatures even though a new party only needed 677 signatures. The Ninth Circuit seemed to feel that both requirements sounded so easy, the difference between them was not significant. The Hawaii case had been filed by Ralph Nader in 2004.

No independent presidential candidate has qualified in Arizona since 1992.

Indiana Newspaper Story Identifies All Presidential Write-ins in Tippecanoe County, Not Just the Write-ins for Declared Candidates

The Lafayette, Indiana Journal & Courier has this story about the presidential write-ins in Tippecanoe County. The information in the story about write-ins for undeclared candidates will never be published in the official Indiana election returns. This story is another example of good journalism, revealing information that is virtually impossible to know otherwise.

Clinton Margin over Trump Now at 1,653,360, According to David Leip

As of the morning of November 19, according to David Leip’ U.S. Election Atlas, Hillary Clinton has 63,551,937 votes, and Donald Trump has 61,898,577, for a margin of 1,653,360. The final tally in a presidential election is usually not complete until the middle of December, and there are still millions of uncounted ballots.

Assuming trends continue, Trump will probably end up with 46% of the total, rather than 47%.

Briefing Complete in Ohio Libertarian Party Ballot Access Case in State Appeals Court

As of November 16, all briefs are submitted in Libertarian Party of Ohio v Ohio Secretary of State. The case is in the state court of appeals, 16APE-07-496, Tenth District. The main issue is whether the Ohio Constitution, for over 100 years, has required that the state provide all qualified parties with their own primary.

If the Ohio Constitution does have this characteristic, then the ballot access law passed in 2013 violates the state constitution. The Ohio Constitution says, “Article V, section 7. All nominations for elective state, district, county and municipal offices shall be made at direct primary elections or by petition as provided by law.” Nevertheless, the 2013 session of the legislature provided that newly-qualifying parties nominate without any primary. To try to comply with the state constitution, the 2013 law said that everyone nominated by a newly-qualifying party (which itself had to qualify with a petition of approximately 53,000 valid signatures) needs his or her own small petition.

The state points out that I said in testimony some years ago that I believe it is good public policy that small qualified parties nominate by convention instead of by primary. The state is correct. Nevertheless, that does not excuse the fact that regardless of what good policy is, the 2013 bill is in conflict with the state constitution. The Ohio legislature ought to have set in motion a revision of Article V of the state constitution. Instead, it took the easy way out and tried to ignore that state constitutional provision.

Here is the state’s brief, and here is the party’s reply brief.