Activists for Bernie Sanders Sue Some California County Election Officials and Secretary of State

On May 20, some California activists who are informally working for Bernie Sanders filed a lawsuit against some California county election officials, and the Secretary of State. They are concerned that many votes, both independents and party members, have not been adequately informed about the rules for the June presidential primary. One of the plaintiffs is the American Independent Party. Having a qualified political party in the lawsuit may help to overcome standing problems. The case is Voting Rights Defense Project v DePuis, 3:16cv-2739, northern district.

The lawsuit complains that many independent voters have already sent in the mail ballots they received automatically, and these ballots do not include the presidential primary. If such independent voters then learn that they could have requested a Democratic, American Independent, or Libertarian presidential primary ballot, it is too late for them, because no one is permitted to vote twice.

The lawsuit also complains that some of the counties have given information only to independent voters, when they should have given the information to all voters. And the lawsuit complains about the fact that instructions and procedures differ from county to county. Here is a Sacramento Bee story about the lawsuit. Here is the original Complaint, which has since been amended because the original cover sheet referred to the “American Independence Party” instead of the American Independent Party. UPDATE: here is a somewhat more detailed story, from a newspaper in San Diego County.

William Weld Criticizes John Kasich’s Ballot Access Record

On May 21, former Massachusetts Governor William Weld, who is seeking the Libertarian Party’s vice-presidential nomination, posted on facebook a criticism of Ohio Governor John Kasich, concerning Kasich’s record on ballot access for new and minor political parties. Weld wrote, “I am now aware that Governor Kasich has taken actions to make ballot access in Ohio much more difficult and costly for Libertarians. At no point did I have any knowledge about efforts to restrict ballot access. Of course, we all need to fight for ballot access in every state, including helping raise the funds necessary for that effort. You have my word that I will help ensure ballot access – and I’m a pretty good fighter.”

The Weld message is mostly directed at Libertarian Party members, but it is a public statement made to a general audience.

Newspaper Explains Process by which Voters Change Party Affiliation in Ohio

The Athens Messenger has this article about the March 2016 Ohio primary. It mentions the number of voters who changed party affiliation during that primary. Ohio voter registration forms do not ask the applicant to choose any party. But Ohio keeps track of the party affiliation of voters, by keeping a record of which party’s primary ballot a voter chooses on primary day. The story shows that many voters who had previously been considered to be Democrats chose the Republican primary ballot, so those voters are now considered to be Republicans. The number of voters who switched to the Republican Party is considerably greater than the number who switched from the Republican Party to the Democratic Party.

Boston Herald Op-Ed Criticizes Massachusetts Libertarian Party for Deliberately Abstaining from Being a Ballot-Qualified Party

Jim Sullivan has this op-ed in the Boston Herald. The first half talks about the impact of the Libertarian Party if it nominates William Weld for vice-president. The latter half criticizes the party for its policy during the last ten years of deliberately avoiding being ballot-qualified.

For the last ten years, the Massachusetts Libertarian Party has been led by individuals who try to avoid qualified status. This policy suffers from these defects: (1) it keeps the party from having its own checkbox on the voter registration form, so its registration (once the third highest of any state Libertarian Party) has plummeted; (2) it requires the party to submit 10,000 valid signatures to place its presidential nominee on the ballot; (3) it deprives the party of its own presidential primary.

Leaders of the Massachusetts Libertarian Party say they avoid being qualified because: (1) when a party is qualified, state law makes it very difficult for its own members to get on its own primary ballot (except presidential candidates can get on a presidential primary ballot just by request); (2) state law forces ballot-qualified parties to elect party officers in the primary, instead of at party meetings. The second problem could be overcome with a lawsuit, because the U.S. Supreme Court ruled unanimously in 1989 in Eu v San Francisco County Central Committee that states cannot tell parties how to be organized. The first problem is a genuine problem, but it could potentially be overcome by activism to change the primary ballot access laws.

Two California Lawsuits on Ballot Labels Head to the Ninth Circuit

On May 20, Emidio “Mimi” Soltysik filed a notice of appeal to the Ninth Circuit in Soltysik v Padilla. The issue is the California law that lets some party members have their party printed on the ballot (for congress and partisan state office), but not other candidates. The U.S. District Court in Los Angeles had upheld the law last month.

On May 17, the Independent Party filed a notice of appeal to the Ninth Circuit in Independent Party v Padilla. In the 9th circuit, the case is 16-15895. The issue is whether the Independent Party will be furnished with information about how many people registered into it. The U.S. District Court in Sacramento had upheld the action of the Secretary of State. He refused to ask county election officials to determine how many registered voters the party has. The U.S. District Court had ruled that if a party named Independent Party were to become qualified, that “might” cause confusion. However, there was no evidence in the case that confusion would result. There is evidence in the case showing that eleven states have a qualified party named Independent Party on the ballot (either currently or recently) but the U.S. District Court Judge did not mention that in his opinion.