Ninth Circuit Won’t Rehear Libertarian-Green Challenge to Voter Registration Form

On August 6, the Ninth Circuit refused to rehear Arizona Libertarian Party v Bennett, 13-16254. This is the case in which the Green and Libertarian Parties challenge the voter registration form, which names the Republican Party and the Democratic Party and gives each of them a checkbox. If a voter wants to register any other way, he or she must use a blank line and write-in the choice.

The Ninth Circuit did amend the earlier decision somewhat on August 6, to make it clear that a new lawsuit on this topic might win if the parties present evidence of harm.

Two Large Florida Newspapers Endorse Top-Two Initiative

An initiative is circulating in Florida for a top-two system. The initiative has already been endorsed by the Sun Sentinel and the Palm Beach Post. The reason for the endorsements is that the newspapers are concerned that independent voters cannot vote in most partisan primaries.

The newspaper editors don’t seem to realize that there are three better systems that would make it possible for independent voters to vote in primaries. Florida could have an open primary, which almost every other state in the south uses. In an open primary, any voter is free to choose any party’s primary ballot.

Or Florida could do as Louisiana has done, and abolish primaries. All candidates would run in November on a single ballot. Louisiana provides that if no one gets 50%, then a run-off is held in December (for state office, the timing is slightly different; the election is in October of odd years with any runoff in November).

Or Florida could provide for a blanket primary. In a blanket primary, all candidates run on the same primary ballot, and all voters use that primary ballot. Then, the top vote-getter from each party runs in November. Independent candidates can be handled in one of several ways. They could skip the primary and go on the general election ballot (California did that in regular elections in 1998 and 2000), or they could run in the primary and the general election (California did that for special elections 1967-2010), or they could run in the primary and be required to get at least 1% in order to run in the general election (Washington did that 1934-2000).

A blanket primary would be constitutional if the law provided that it was voluntary, and parties that didn’t want to use it could nominate by convention at their own expense.

Finally, any party in Florida is free to provide that independent voters can vote in their primaries, and there is some indication the Democratic Party is willing to do this. Parties are free to make this decision for themselves, no matter what the state law says. Parties won this freedom in a U.S. Supreme Court decision in 1986, Tashjian v Republican Party of Connecticut.

Canadian Debate of August 6

This newspaper describes the Canadian four-party debate of August 6. The consensus seems to be that the leaders of all four parties did well. Also see this story.

UPDATE: here is a Huffington Post article about the debate. The emphasis of this article is not on the fact that Canada let four party leaders into the debate, but on the substance of what was said, as it relates to how Canada and the United States work together on joint energy and military policies.

New Arizona Registration Tally

On August 7, the Arizona Secretary of State compiled the July 1, 2015 registration tally. Arizona does this every three months. The new percentages are: Republican 34.04; Democratic 28.35; Libertarian .83; Green .145; Americans Elect .015; independents and unqualified parties 36.63%.

The April 1 2015 percentages were: Republican 34.21; Democratic 28.53; Libertarian .82; Green .147; Americans Elect .014; independents and unqualified parties 36.27.

Americans Elect will be removed from the ballot in a few months for failing to have .67%. The Greens are also below that standard but they won’t be removed because they petitioned for 2016 and parties that submit a petition get two elections. Therefore the Greens are also on for 2018.

Ohio Secretary of State Re-Defines “Declaration of Candidacy” so as to Say Donald Trump’s Remarks Mean He Cannot Appear on General Election Ballot

Ohio has had a sore loser law since before 1958. It says, “3513.04: No person who seeks party nomination for an office or position at a primary election by declaration of candidacy shall be permitted to become a candidate at the following general election for any office by nominating petition, including a nomination petition filed under 3517.012.”

On August 7, Ohio Secretary of State Jon Husted told the press that this means Donald Trump cannot possibly get on the November 2016 ballot as a presidential candidate (unless he is the Republican nominee) because at the August 6 debate he “declared his candidacy” for the Republican nomination. Husted is interpreting the term “declaration of candidacy” to mean a candidate’s spoken words in any conversational setting, rather than a reference to an Ohio election form.

Ohio election code 3513.04 says, “Candidates for party nominations…shall have their names printed on the official primary ballot by filing a declaration of candidacy.” The words “declaration of candidacy” appear in many places in the Ohio election law, and it seems clear that when the sore loser talks about a “declaration of candidacy”, it means that piece of paper; it doesn’t mean something said orally by the candidate. The term “declaration of candidacy” has appeared in the Ohio election law for more than a century.

If Secretary of State Husted’s interpretation of “declaration of candidacy” is accurate, then Lyndon LaRouche could never have been on the Ohio ballot as an independent in 1984, because in 1983 he had declared his intent to run in Democratic presidential primaries in 1984. LaRouche even ran in the Ohio Democratic presidential primary and as an independent in Ohio in November 1984.

If Husted is correct about the meaning of “declaration of candidacy”, then Gary Johnson could not have been on the Ohio general election ballot in November 2012, because he had declared his intent to seek the Republican nomination on April 21, 2011. If Husted is correct, then John Anderson could not have been on the Ohio ballot in Novembeer 1980, because he had declared himself a candidate for the Republican nomination on June 8, 1979. If Husted is correct, then Pat Buchanan could not have appeared on the November 2000 ballot as the Reform Party nominee, because he had declared his candidacy for the Republican nomination on March 2, 1999. If Husted is correct, then Lenora Fulani could not have been on the Ohio November 1992 ballot, because she had declared her intent to seek the Democratic nomination on December 17, 1991.

Trump is free to decline to file for the 2016 Ohio Republican primary if he wishes. Ohio is not one of the states that puts presidential candidates on a presidential primary ballot automatically if they are discussed in the news media. No one gets on an Ohio presidential primary ballot without filing a form, certifying that he or she has raised at least $5,000 in small donations in each of 20 states. See 3513.121 of the Ohio law.