October 2015 Ballot Access News Print Edition

Posted on by October 28, 2015
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Ballot Access News
October 1, 2015 – Volume 31, Number 5

This issue was printed on white paper.

Table of Contents

  1. SEVENTH CIRCUIT SAYS GIVING VOTERS NO CHOICE IS A SEVERE BURDEN ON VOTING RIGHTS
  2. NEW HAMPSHIRE LOSS
  3. U.S. SUPREME COURT CONFERENCE DATE FOR CALIFORNIA TOP-TWO
  4. TWO LAWSUITS ON GENERAL ELECTION PRESIDENTIAL DEBATES
  5. PRESIDENTIAL PRIMARIES
  6. PENNSYLVANIA BALLOT ACCESS BILL
  7. MINNESOTA SECRETARY OF STATE WILL AID BALLOT ACCESS
  8. TOP-TWO SUPPORTERS IGNORE WASHINGTON STATE LEGISLATIVE PROBLEMS
  9. LAWSUIT NEWS
  10. SOUTH DAKOTA INITIATIVE
  11. NUMBER OF NAMES ON BALLOT IN DEMOCRATIC PRESIDENTIAL PRIMARIES
  12. 2016 PETITIONING FOR PRESIDENT
  13. CALIFORNIA GREEN PARTY FINALLY GETS ITS RULES INTO ELECTION CODE
  14. KENTUCKY GUBERNATORIAL DEBATE INCLUDES ALL THREE CANDIDATES
  15. GALLUP POLL FINDS 60% FAVOR A NEW MAJOR POLITICAL PARTY
  16. MAYOR BLOOMBERG MAY RUN FOR PRESIDENT AS AN INDEPENDENT
  17. JILL STEIN SEEKING MATCHING FUNDS
  18. CANADA HOLDS 5-PARTY DEBATE
  19. MAINE GREEN PARTY WILL LET INDEPENDENTS VOTE IN ITS PRIMARY
  20. SUBSCRIBING TO BAN WITH PAYPAL

U.S. District Court Judge Hints that Utah’s Primary Election Law is Unconstitutional

Posted on by October 27, 2015
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On Tuesday, October 27, oral arguments were held in U.S. District Court in Utah, in the Republican-Constitution Party lawsuit against the law on how parties nominate candidates. The judge said he is inclined to find the law unconstitutional. See this story. It is not clear which provision is in greater jeopardy. The two challenged procedures are: (1) forcing parties to let candidates on their primary ballot who have little support at a party caucus; (2) forcing parties to let independent voters vote in their primaries. The law says parties that don’t allow these things can still run nominees, but the nominees must petition to be on the November ballot in the same manner as independent candidates. Utah only requires 1,000 signatures for statewide independent candidates and smaller numbers of signatures for other office.

Alabama Secretary of State Acknowledges that Constitution Party is Ballot-Qualified in Marshall County

Posted on by October 27, 2015
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Alabama law requires a party to poll 20% of the vote for any office, in order to be on the ballot automatically, without submitting a petition. In November 2014, the Constitution Party polled over 20% of the vote for a partisan countywide office in Marshall County. The Secretary of State has acknowledged that the party is on the ballot (for county office only) in Marshall County in 2016, and has sent the party the voter registration rolls for the county. The party has the right to decide for itself whether it will nominate by convention or primary. It will probably choose a convention.

Marshall County has over 40,000 registered voters and is in northern Alabama. Thanks to Joshua Cassity for this news.

Under a U.S. Supreme Court precedent from 1970, Rockefeller v Socialist Workers Party, 400 U.S. 806, if the government gives a free list of the registered voters to a qualified party, it must also give the same list free to an unqualified party that is attempting to petition its way onto the ballot.

Mediation Fails in Utah Lawsuit over Primaries

Posted on by October 27, 2015
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According to this story, the lawsuit filed in 2014 by the Utah Republican Party and the Utah Constitution Party will not be settled by mediation. The case is Utah Republican Party v Governor Gary Herbert, 2:14cv-876. The issues are the law that (1) requires parties to put candidates on their primary ballots even if those candidates have no support at party caucuses; require parties to let independent voters vote in their primaries. The law says parties are free to ignore both requirements, but if they do, they won’t be considered ballot-qualified and will need to put their nominees on the November ballot via independent candidate petition procedures.

Seattle Voters Will Vote Next Month on Public Funding of Campaigns for City Office

Posted on by October 27, 2015
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On November 3, Seattle voters will decide whether to pass measure I-122. It would set up public funding for candidates for city office. All Seattle city office elections are non-partisan. See this story.

If the measure passes, all registered voters would be sent four vouchers, each good for $25. Recipients of the vouchers could then send them to any candidate for city office favored by that recipient. This eliminates one objection to other public funding measures. Opponents of standard public funding measures say it is wrong to force anyone to support a candidate he or she doesn’t like, but that objection is not present in a voucher system. Thanks to Rick Hasen for the link.