June 2013 Ballot Access News Print Edition

Ballot Access News
June 1, 2013 – Volume 29, Number 1

This issue was printed on white paper.


Table of Contents

  1. SIXTH CIRCUIT RULES THAT SORE LOSER LAWS APPLY TO PRESIDENTIAL PRIMARIES
  2. CALIFORNIA ASSEMBLY PASSES TWO BILLS TO LIMIT CHOICES
  3. NEBRASKA BALLOT ACCESS BILL SIGNED
  4. LEGISLATIVE NEWS
  5. OTHER LAWSUIT NEWS
  6. CONSTITUTIONAL AMENDMENT FOR RIGHT TO VOTE
  7. FLORIDA MINOR PARTIES WIN RELIEF FROM LARGE FINES
  8. MINOR PARTY MEMBERS WHO RAN IN TOP-TWO PRIMARIES
  9. DESPITE DEMISE OF AMERICANS ELECT, SOME WANT A NEW CENTRIST PARTY
  10. TWELVE VISIONS PARTY QUALFIES FOR MASS. U.S. SENATE ELECTION
  11. LIBERTARIAN PARTY GAINS A SHERIFF
  12. GREEN WINS PARTISAN ELECTION
  13. SUBSCRIBING TO BAN WITH PAYPAL

Under Eleventh Circuit Precedent, Alabama Will Be Required to Either Reduce Petition Requirement, or Extend Deadline, in Upcoming Special U.S. House Election

In May 2013, Alabama Congressman Jo Bonner of the First District (in the southern part of the state) said he will resign from Congress on August 15. The Governor has said he can’t set an election schedule until August 15. Because no one knows when the special election will be, it is legally impossible for any minor party nominee, or independent candidate, to be circulating a petition for that election. The law requires signatures equal to 3% of the last gubernatorial vote within that district (5,938 signatures), due on primary day. No one knows when the primary will be. Petitions must carry the date of the election. Candidates running in a primary don’t need any petitions.

When the election dates are set, there will be a primary, a run-off primary six weeks later, and then the general election.

Alabama is in the Eleventh Circuit. In 1982, the Eleventh Circuit ruled in a Georgia case that when the normal petitioning time is not available, the state must either reduce the number of signatures or extend the deadline. That case was Citizens Party of Georgia v Poythress, 683 F 2d 418 (July 14, 1982). On remand, the U.S. District Court extended the deadline 30 days.

Since then, U.S. District Courts in states in the Eleventh Circuit have also either reduced petition requirements, or granted more time, or both, when the normal petitioning time is not available. Normal petitions in Alabama have two years for circulation, but if the Governor sets the dates of the primary on August 15, and he chooses a primary date in October (which is likely) then petitioning candidates will have only two months or so, which is only one-twelth of the normal time. Hence, if Alabama doesn’t voluntarily either lower the number of signatures, or extend the deadline substantially, a court would probably force either or both of those alternatives. In 2002, a U.S. District Court in Georgia, in Parker v Barnes, northern district, 1:02cv1883, lowered the petition deadline to two-thirds of the original requirement, because only two-thirds of the normal 180 days remained. In 1989, a U.S. District Court in Florida, in Migala v Martinez, northern district, 89-40168, lowered the petition from 3% to 1% and also granted an additional month in which to petition. In 1982, another U.S. District Court in Florida, in Turin v State, southern district, 82-1819-cv, extended the deadline from July 20 to September 27.

Briefing Will Soon be Complete in Next U.S. Supreme Court Campaign Finance Case

On February 19, 2013, the U.S. Supreme Court accepted McCutcheon v Federal Election Commission, 12-536. Briefs for the Republican National Committee and Shaun McCutcheon, and all the amici curiae, were filed in the U.S. Supreme Court in May. Briefs on the government’s side, and amici curiae on the side of the government, will be filed by mid-July. See here to read the briefs filed so far.

Shaun McCutcheon is an Alabama Republican donor who wants to make the maximum contribution to many Republican candidates for Congress, and to the national Republican Committee, and the other Republican Party committees. He does not challenge the maximum donation to any particular candidate or committee, but he does challenge the limit on all federal contributions combined. That limit is $46,200 in any two-year period to all candidates combined, and $70,000 in any two-year period to all committees combined.

The Libertarian Party and the Constitution Party are among the groups filing amici on the side of McCutcheon. The two parties are among the many groups that filed a single amicus curiae brief, the one in which the first-named amicus is Downsize DC Foundation. Some observers feel this case will eventually result in a substantial revision to current federal campaign finance law. Current federal law is now characterized by an illogical patchwork that disadvantages political parties more than any other groups that spend money to influence federal elections.

Mike Duggan Will Run as a Write-in Candidate for Mayor of Detroit

On June 28, Mike Duggan, a leading candidate for Mayor of Detroit before he was removed from the ballot, announced he will run as a write-in candidate. See this story. Other large cities in which write-in candidates for Mayor have been relatively successful are Washington, D.C., and San Francisco. The article mentions the Washington, D.C. example but does not mention San Francisco. In 1999 Tom Ammiano launched a write-in campaign for Mayor against incumbent Willie Brown, and finished second, so that he was permitted on the run-off ballot. Thanks to Thomas Jones for the link.