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March 2016 Ballot Access News Print Edition

Posted on March 27, 2016 by Richard WingerAugust 11, 2017

Ballot Access News
March 1, 2016 – Volume 31, Number 10

This issue was printed on green paper.

Table of Contents

Fourteen California Legislative Races Have Only the Incumbent on the June 7 Primary Ballot

Posted on March 26, 2016 by Richard WingerMarch 26, 2016

Filing has closed for candidates to run in the California June 7 primary. For the state legislature, there are fourteen districts in which only one person filed to be on the primary ballot. In each case, the incumbent is that one candidate. Under California’s top-two system, write-ins are permitted in the primary (but not the general), and the write-in candidate, if any, who places second in June in each of these districts will appear on the November ballot.

The districts are State Senate 33, and Assembly districts 1, 2, 32, 46, 49, 51, 56, 58, 59, 62, 70, 73, and 76. Declared write-in candidates need 40 valid signatures, due in May. Any registered voter can sign.

The Secretary of State’s web page is expected to have the candidate list by March 31. This information was obtained from county election web sites. Thanks to Ted Brown and Joe Dehn for the information.

Minnesota Bill to Improve Wording on Petitions for Independent Candidates and Nominees of Unqualified Parties

Posted on March 25, 2016 by Richard WingerMarch 25, 2016

Minnesota Senator Kent Eken (DFL-Twin Valley) has introduced SF 2807, which makes two ballot access improvements. It deletes the language on the petition for independent candidates and the nominees of unqualified parties that says the signer doesn’t intend to vote in the upcoming primary. And it reduces the number of signatures on such petitions in special elections, when the petitioning period is shorter than usual. The Secretary of State backs this bill and its provisions seems likely to pass, whether in the bill or else placed into another election law bill. Thanks to S. L. Malleck and Jim Ivey for this news.

UPDATE: the provisions of SF 2807 have been merged into SF 2381, the bill to provide for a presidential primary in the future.

Monmouth University Poll Includes Gary Johnson in General Election Presidential Poll

Posted on March 25, 2016 by Richard WingerMarch 26, 2016

On March 24, Monmouth University Polls released a general election poll which includes Hillary Clinton, Donald Trump, and Gary Johnson. The results: Clinton 42%, Donald Trump 34%, Gary Johnson 11%, other or undecided 13%.

The poll also asked respondents to choose among just Clinton and Trump, and those results were: Clinton 48%, Trump 38%, other or undecided 14%. This result shows that when Libertarians are on the ballot, they draw substantially from both major parties, although somewhat more from Democrats. The poll also says that Johnson’s best percentages were in Republican-leaning states.

The most significant aspect of this poll is that Johnson was included. If other leading polling companies follow Monmouth’s lead, it is not implausible that Johnson (assuming he becomes the Libertarian Party’s nominee) may reach 15% in future polls and qualify for the Commission on Presidential Debates events. Thanks to Independent Political Report for the link and thanks to Cody Quirk for pushing me to blog this.

Sixth Circuit Chides IRS for Appearing to Discriminate Against “Tea Party” Groups in Tax-Exempt Application Requests

Posted on March 25, 2016 by Richard WingerMarch 25, 2016

On March 22, 2016, the Sixth Circuit issued this 17-page opinion in U.S. v NorCal Tea Party Patriots, 15-3793. The immediate issue in the Sixth Circuit was whether the IRS must release the names of all applicants for tax-exempt status in the last few years. A group of Tea Party and associated groups had filed a lawsuit, alleging that the IRS treats them far worse when they apply for 501(c)(3) tax status, than the IRS treats other groups. In order to prosecute the lawsuit, the Tea Party groups wanted to engage in discovery. Specifically, the plaintiffs wanted to show evidence that the IRS treats other groups far more leniently. But the IRS had refused to comply with that discovery request. The Sixth Circuit ordered the IRS to release the list.

The decision’s first two sentences are, “Among the most serious allegations a federal court can address are that an Executive agency has targeted citizens for mistreatment based on their political views. No citizen — Republican or Democrat, socialist or libertarian — should be targeted or even have to fear being targeted on those grounds.” The decision is by Judge Raymond Kethledge, a Bush Jr. appointee. The decision is co-signed by Judge Damon Keith, a Carter appointee, and David McKeague, a Bush Jr. appointee.

The allegations in the underlying lawsuit are that the IRS took four times as long to process applications from Tea Party Groups, and asked very obtrusive information, such as the names of all donors who had run for office, and for e-mail communications among the group’s leaders. Tax-exempt groups (otherwise known as 501c3 groups) are legally permitted to engage in limited, issue-based political advocacy. The lead plaintiff is the Northern California Tea Party Patriots, but there are many plaintiffs and this is a class action lawsuit. Thanks to Mark Seidenberg for this news.