California Secretary of State Announces Which Presidential Candidates will be on Primary Ballots

On February 8, the California Secretary of State released this list of presidential candidates who will be on presidential primary ballots. The list has some surprises. Many states have laws saying election officials should list presidential candidates on primary ballots automatically if they are discussed in the news media. But most states with such laws have got into the habit of letting the state party say which candidates should go on the ballots. The Secretary of State of California has taken the California law literally, and has added some candidates not mentioned by the various parties. The Secretary of State has also deleted some candidates whom the parties had suggested.

The Secretary of State accepted the Libertarian Party’s list as suggested by the Libertarian Party. The twelve names on that ballot are the names on the national Libertarian Party’s webpage.

The Secretary of State added some names to the Green Party’s list. The state party had not listed Sedinam Curry-Moyowasifa, but the Secretary of State added her anyway. She is a declared candidate for the Green Party presidential nomination, and she is on the Massachusetts Green Party’s presidential primary ballot, and she participated in the presidential candidate debate held January 28 in Lake Charles, Louisiana.

The Secretary of State deleted one name from the Peace & Freedom list. He deleted Jill Stein, even though she wanted to be on that ballot. It may be that the Secretary of State removed her from the PFP ballot because he decided it is improper for anyone to be listed in the presidential primary of two different ballots. However, there is no law saying presidential candidates cannot be listed in two different presidential primary ballots. Or, maybe the Secretary of State deleted her because the news coverage of her campaign doesn’t talk about her seeking the nomination of any party except the Green Party.

The Secretary of State added Governor Jim Gilmore to the Republican list. Even though he had stopped getting his name on the Republican presidential primary ballots in other states, he has never said he is withdrawing or suspending his campaign. The Republican Party of California had not forwarded Gilmore’s name. The Secretary of State did delete the Republicans who were on the party’s suggested list, but who have withdrawn since the party sent in its list.

Perhaps most surprising is the Secretary of State’s list of Democrats. The Secretary of State listed Rocky De La Fuente, Henry Hewes, Keith Judd, Michael Steinberg, and Willie Wilson; of course the Secretary of State also listed Hillary Clinton and Bernie Sanders. California is the first state to have put De La Fuente on the ballot, on the basis that he is mentioned in news media.

The Secretary of State only listed seven candidates on the American Independent Party ballot, even though the party had asked him to list fifteen. The Secretary of State did not list Donald Trump on the AIP ballot, even though the party had asked him to do that. The Secretary of State did list Jim Hedges, who is also the Prohibition Party’s presidential nominee. Presidential candidates not listed are free to submit a petition signed by 1% of a party’s registered members, and it is conceivable that the AIP will promote a petition to place Trump on its ballot.

Federal Election Commission Publishes 2014 Election Returns Book

The Federal Election Commission publication Federal Elections 2014 is now in print. It has both primary and general election returns for all congressional races from 2014. The book is 126 pages and is available free to anyone who asks for one. The FEC phone number is 800-424-9530. The FEC has been publishing such election return books every two years since 1980, and possibly earlier than that. The FEC was created in 1974.

North Carolina Asks 3-Judge Panel to Stay its February 5 Order on Redistricting

On February 8, attorneys for North Carolina asked the 3-judge court to stay its own ruling of February 5, 2016. That February 5 ruling had struck down North Carolina’s U.S. House district boundaries and had ordered the legislature to redraw the districts by February 19. The Court said it would redraw the districts if the legislature didn’t act. Thanks to Rick Hasen for the link.

Connecticut Voter Files Federal Lawsuit Against Law Permitting Parties to Expel Voters

On February 3, Jane Miller sued some Connecticut local election officials, and some local Republican Party officers, because they expelled her from the Republican Party on April 20, 2015. Without her consent, they changed her voter registration from “Republican” to “independent”, on the grounds that in 2013, she had accepted a Democratic Party nomination to run for a local office. Miller v Dunkerton, 3:16cv-174.

She has not been a registered Democrat at any time since 2003, and it is possible she has never been a registered Democrat at all, although her complaint is vague about that. She registered Republican in 2003 and remained a Republican until July 24, 2013, when she switched to independent to make herself eligible to be a Democratic nominee. She switched back to being a registered Republican in December 2013, but her party membership was revoked on April 20, 2015. If she doesn’t win her lawsuit, she won’t be able to vote in the Republican presidential primary being held April 26, 2016.

Sections 9-60 through 9-63 in the Connecticut election law set forth procedures for parties to expel party members. A hearing is held, and the local registrar of voters, together with local party officers, then determine if the individual has a bona fide intent to be a party member and if the individual really supports the principles of that party.

Miller charges that the disaffiliation law is unconstitutional on its face and also as applied to her situation. However, she did not sue any state officials, which makes it difficult for the court to reach a determination of the law’s constitutionality. One of Miller’s attorneys is Susan Bysiewicz, a former Secretary of State of Connecticut.

If Miller wins her case, and the decision says that voters have a constitutional right to a free choice of which party to join, that could be useful against states such as New Hampshire, Maine, Maryland, Kansas, and Nebraska, which refuse to let voters remain as members of parties once those parties go off the ballot.

Washington State Bill to Make Petitions in Lieu of Filing Fee an Option for All Candidates

Washington state election law provides for a petition in lieu of filing fee, but it can only be used by candidates who allege they cannot afford the filing fee. The House State Government Committee is sponsoring HB 2477. It says that any candidate may choose to submit a petition instead of paying the filing fee. Also, it says if the number of valid signatures turns out to be not enough, but is at least 95% of the requirement, then the petition can still be used to pay the bulk of the filing fee, with a proportional small fee to complete the process. Thanks to Martin Westerman for this news.