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.
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On September 30, U.S. District Court Judge Liam O’Grady, a Bush Jr. appointee, issued an eight-page order in De La Fuente v Alcorn, e.d., 1:16cv-1201, a Virginia lawsuit. The order refuses to put De La Fuente on the Virginia ballot because the ballots have already been printed. But it suggests that the lawsuit has merit, particularly on the issue that Virginia requires candidates for presidential elector to submit their complete Social Security numbers to the State Board of Election before an independent candidate petition may begin to circulate.
The decision says, “Defendants’ expansive use of social security numbers in the ballot qualification process gives cause for concern, and the Court looks forward to examining the issues going forward.” A hearing will be held on November 18 on the state’s motion to dismiss the lawsuit. De La Fuente’s complaint charged that his petition effort in Virginia was damaged because he could not start petitioning until after all his candidates for presidential elector had filed paperwork, and his attempts to recruit presidential elector candidates was delayed because so many potential electors refused to reveal their Social Security numbers to the Board of Elections.
The order also says, “Democracy is diluted when the public’s choice of candidates is limited. Although the two-party system dominates our country’s political landscape, the diffusion of ideas through third-party and independent candidates has a meaningful influence on the political dialogue. This ideological check is important because it reminds the dominant parties that their position of strength is wholly dependent on the will of the people. Should they fail to maintain that support, it is critical that individual voters have someone else to whom they can turn. Without that check, the dominant parties will maintain that dominance without regard to their merit and without an ear to the needs of their constitutents.”
This newspaper story from Everett, Washington, explains the election consequences if either Jill Stein or Gary Johnson get 5% of the vote inside Washington state. That is the threshold for qualified party status. The story does not mention it, but a qualified party need not petition for President, so if either party achieves 5%, that would make petitioning easier in 2020.
The last time a party, other than the Republican and Democratic Parties, was ballot-qualified in Washington state was the period November 2000 through November 2004. The Libertarian Party had that status because it polled over 5% in 2000 for Lieutenant Governor, as well as Auditor and Land Commissioner. But after the top-two system began in Washington in 2008, the definition of qualified party was made much more restrictive. Back then a party that polled 5% for any statewide office qualified, but now only the presidential vote counts.
If either the Libertarian or Green Parties become qualified in Washington state for the period November 2016-November 2020, they would still suffer under the top-two system. There is not a single instance of a member of any party (other than Democratic or Republican) coming in first or second in any partisan race in a top-two state, if there are at least two members from the ranks of the Democrats and Republicans also running. The October 1 2016 printed Ballot Access News documents this.
On September 13, the Organization of American States said it will send election observers to the United States, for the first time. It plans twenty to thirty observers, to be sent to ten states. The names of the states have not yet been revealed. Thanks to Election Administration Reports for this news.
Very few pollsters ask respondents about every presidential candidate on the ballot in any state. This Wason Center for Public Policy poll for the presidential race in Virginia asks about all five ballot-listed candidates: Hillary Clinton, Gary Johnson, Evan McMullin, Jill Stein, and Donald Trump. Also it has interesting demographic breakdowns.