On September 30, David Gill, the independent candidate for U.S. House in the 13th Illinois district, asked U.S. Supreme Court Justice Anthony Kennedy to restore him to the ballot. Gill v Scholz, 16A309. Gill had earlier asked Justice Elena Kagan to put him on the ballot, but she had refused and had not even submitted his request to the other members of the Supreme Court.
Due to a combination of eccentric behavior on the part of the California Secretary of State, and the California Republican Party, if Donald Trump carries California in the popular vote on November 8, he still won’t get California’s electoral votes. See the post immediately underneath for an explanation. Due to the ballot format, California voters who wish to vote for Donald Trump will be forced to cast an overvote. The ballot design forces Trump voters to vote for 108 different individuals for presidential elector, yet California is only entitled to 55 electoral votes. Therefore, the votes for Trump will be overvotes and all will be invalid.
The California Republican Party was free to have nominated the same presidential elector candidates as the American Independent Party. The AIP turned in its list first, so the Republican Party was aware of the AIP names. But the Republican Party, which filed its slate at the last hour before the deadline for electors, chose to ignore the AIP list and submit different candidates. The AIP had been suggesting a joint list to the Republican Party ever since August, and had even offered to let the Republicans choose 50 members, but the Republicans ignored the AIP request.
On October 3, the California Republican Party submitted its 55 candidates for presidential elector, pledged to Donald Trump. This list is from the Republican Party’s web page.
Earlier, the American Independent Party submitted its list of presidential elector candidates. They are also pledged to Donald Trump. Only two names are on both lists: Ron Gold and Thomas Hudson. The Secretary of State accepted the filings for all 108 individual elector candidates.
Donald Trump’s name is on the November California ballot as “Donald J. Trump, Republican, American Independent.” There is only one space on the ballot to vote for Trump. Therefore, all votes cast in that one space for Trump are overvotes, because they are casting a vote for 108 elector candidates. No California voter is permitted to vote for more than 55 candidates for presidential elector. When a voter casts a vote for more candidates than are to be elected, that is an “overvote” and the vote is invalid.
Section 6902 of the California election code says, “At the general election in each leap year, there shall be chosen by the voters of the state as many electors of President and Vice President as the state is then entitled to.” California is entitled to 55 electoral votes.
Section 15505 of the California election code says, “No later than the 32nd day following the election, the Secretary of State shall analyze the votes given for presidential electors, and certify to the Governor the names of the proper number of persons having the highest number of votes. The Secretary of State shall thereupon issue and transmit to each presidential elector a certificate of election.”
Section 14285 says, “The voter shall, by using the provided marking device, place a mark in the voting square, rectangle, or other specific voting space following the names of the candidates for that office for whom the voter intends to vote, not exceeding, however, the number of candidates to be elected.”
The California Secretary of State could have solved the problem of separate presidential elector lists for each of the two parties by placing Donald Trump’s name on the ballot twice, once for each party. Because this was not done, the only two Trump electors whose vote total can be ascertained are Ron Gold and Thomas Hudson. And even votes cast for them will be invalid, because all Trump popular votes will be overvotes.
This Peoria Journal Star story explains what happens if any Green or Libertarian nominee for one of the three statewide offices polls as much as 5%. The story says that would make the party ballot-qualified. Unfortunately, the story is not entirely accurate. If either the Libertarian or Green Party gets 5% for president, U.S. Senate, or comptroller, that would only cause the party to become ballot-qualified for the statewide offices in 2018, but not U.S. House, state legislature, or partisan county office.
The only way for a 5% vote to create a ballot-qualified party for all office is to poll 5% for Governor. That is impossible this year, because Governor isn’t up. If either party does poll 5% this year for a statewide office, however, it is somewhat plausible that party could sue to become ballot-qualified for all office, not just statewide office. Once Illinois has recognized that a 5% showing proves that a party has voter support, it is difficult to imagine why that support should only be recognized for statewide offices, but not other offices.
The New York Times has this lengthy story by Emma Roller about voters who plan to vote for someone for President other than Donald Trump and Hillary Clinton.
