Final Brief Filed in Georgia Ballot Access in Eleventh Circuit

On October 3, the Georgia Constitution Party and the Georgia Green Party filed this final brief in Green Party of Georgia v State, 13-11816. The issue is the constitutionality of Georgia’s procedures for minor party and independent presidential candidates to get on the ballot. No one has successfully completed this procedure since 2000. The only other state in which no one has completed the procedure to get on the ballot for President in any of the last three presidential elections is Indiana.

George F. Will Column Says Republicans Should Hold a June 2016 Presidential Convention, but Josh Putnam Writes Rebuttal

The October 2 Washington Post carried this George F. Will column. The column seems to predict that the Republican Party will hold a national presidential convention in June 2016 instead of either late August or early September. The column also seems to suggest this is a good idea.

But Professor Josh Putnam has this column in response. Putnam is the nation’s leading expert on presidential primary timing, and he argues that Will has overlooked many obstacles to the Republican Party holding a June convention.

Pennsylvania Minor Parties File Opening Brief in Third Circuit in Lawsuit that Attacks Procedures for Checking Signatures

On October 3, the Pennsylvania Constitution, Green, and Libertarian Parties filed this brief in the Third Circuit, in Constitution Party of Pennsylvania v Aichele, 13-1952. The issue is Pennsylvania’s unique system for checking the validity of petitions, which puts petitioning groups at risk of paying up to $110,000 in court costs if the petition doesn’t have enough valid signatures.

The U.S. District Court ruled that the plaintiffs don’t have standing, a conclusion that is laughable. The text of the brief is 34 pages and it’s clear and easy to understand.

Most Republican Members of U.S. House Who Want to End Government Shutdown with No Concessions from Democrats Are From States with Closed or Semi-Closed Primaries

This Washington Post article of October 4 lists twenty-four Republican members of the U.S. House who are either willing to end the government shutdown with no concessions from Democrats, or leaning that way.

Of the twenty-four Republicans, twelve are from closed primary states, four are from semi-closed primary states, seven are from open primary states, and only one is from a state that uses a top-two primary.

The U.S. House has 232 Republicans, so, as of today, 10.3% of them are willing to take the “moderate” position in the budget dispute.

Among the 232 House Republicans, 24 are from states that use a top-two primary. This includes 15 from California, 4 from Washington, and 5 from Louisiana.

The percentage of Republicans from top-two states who take the “moderate” position is only 4.2% (when an individual divides the number one by the number 24, the resulting percentage = 4.2%). But the percentage of Republicans from states who don’t use top-two, and who are supporting the “moderate” position, is 11.1%. This suggests that top-two systems do not produce more “moderate” politicians.

The only Republican from a top-two state who is taking the “moderate” position is California’s Devin Nunes. He has been in Congress since 2002. He is so popular that in 2010, no one filed to run against him, except a write-in candidate. In 2012, only one person, a Democrat, filed to run against him. The top-two system that California started using in 2012 is not in the slightest bit responsible for Nunes having been elected.

The list of 12 “moderate” Republicans from closed primary states includes 5 Republicans from Pennsylvania, 3 from New York, 3 from Florida, and one from Idaho (Idaho Republicans use a closed primary even though none of the other Idaho parties do so). The list of 7 Republicans from open primary states includes 4 from Virginia, 2 from Arkansas, and one from Minnesota. The list of 4 Republicans from semi-closed primary states includes 3 from New Jersey and one from West Virginia.

Alabama Minor Parties Ask for Reconsideration, in Case Challenging March Petition Deadline

On October 3, the Alabama Constitution, Green, and Libertarian Parties asked for reconsideration in Stein v Chapman. Last month the U.S. District Court upheld the law that requires newly-qualifying parties to submit their 44,829 valid signatures by March. The District Court had said because the three parties were able to place their presidential nominees on the November 2012 ballot as independent candidates (which requires 5,000 signatures by September of the election year), the burden on them and their voters is “slight.”

The U.S. District Court based its decision on the U.S. Supreme Court 1997 decision that upheld a Minnesota state law that made it impossible for a candidate nominated by two parties to have both party names on the ballot next to his or her name. The Alabama court said therefore, keeping all of a party’s nominees from having their party name is also a “slight” burden. The request for rehearing points out the obvious difference between keeping a single nominee from having a party label on the ballot, versus depriving all of a party’s nominees of a party label.