Oklahoma Minor Parties Dismiss Ballot Access Lawsuit due to Procedural Hurdle; New Case May be Filed

On January 31, 2012, the Oklahoma Libertarian Party and the Oklahoma Green Party filed a lawsuit, challenging the state’s ballot access procedure for newly-qualifying parties, which this year required 51,739 valid signatures due March 1 (the state defends the early deadline on the grounds that all parties, even newly-qualifying parties, must choose nominees in the June primary). On June 21, the attorney for the parties asked for permission to amend the Complaint, to specifically allege that it is unconstitutional for a state to require a newly-qualifying party to nominate by primary, in the context that that requires a petition deadline as early as March.

After almost six months, the judge in the case has not ruled on the request to amend the complaint. Therefore, the plaintiffs determined to dismiss the case, and did so on December 17. Any new case will certainly include this point in the original complaint. Of course, the legislature is free to amend the existing law, and bill proposals have been submitted already into the 2013 session of the legislature, although they won’t be available for public viewing, and won’t have bill numbers, until January.

The Constitution of Oklahoma does not require newly-qualifying parties to nominate by primary. The Constitution gives discretion to the legislature to determine if newly-qualifying parties should nominate by primary or convention. Article III, section 3, says that the Legislature “may enact laws providing a mandatory primary system” but does not say that the legislature must do so, and that all parties must be included. Earlier this year, the Tennessee legislature provided that newly-qualifying parties may nominate by convention if they wish. In Tennessee, newly-qualifying parties that choose to nominate by convention are free to submit their petition as late as August 1. The California legislature is likely to pass a somewhat similar plan soon.

The Oklahoma Constitution, Article III, section 5, says, “All elections shall be free and equal. No power, civil or military, shall ever interfere to prevent the free exercise of the right of suffrage.” Yet last month, no voter in Oklahoma was permitted to vote for anyone for President except President Obama and Mitt Romney. As this analysis shows, over 20,000 Oklahoma voters would have voted for Gary Johnson if they had been permitted to do so, with an unknown number also desiring to vote for other bona fide candidates who were not on the Oklahoma ballot.

Only One U.S. Senate Incumbent was Defeated for Re-Election Last Month

This Bloomberg article describes the unusually high re-election rate for incumbent members of Congress running for re-election last month. Perhaps most surprising is that only one incumbent U.S. Senator was defeated for re-election in the November election (also one incumbent was defeated in a primary earlier in the year).

In the House, only 40 incumbents were defeated, and in 13 of those instances, two incumbents were running against each other, so defeat of an incumbent was inevitable. Thanks to Thomas Jones for the link.

Virginia State Board of Elections Releases Write-in Presidential Votes

The Virginia State Board of Elections says the following declared write-in presidential candidates received these votes: Rocky Anderson 76, Jill Reed 14, Sheila Tittle 1, Joseph Glean 4. These results are not posted on the Virginia State Board of Elections’ web page. Some news sources that report vote totals will therefore not be aware of these votes.

Election Returns for Counties that Border Oklahoma Suggest Gary Johnson Would Have Received Over 20,000 Votes in Oklahoma

Gary Johnson, the Libertarian Party presidential candidate, was not on the ballot in Oklahoma, and Oklahoma does not permit write-ins. But Johnson was on the ballot in all the states that border Oklahoma. In the 46 counties that border Oklahoma (which includes counties in Texas, New Mexico, Colorado, Kansas, Missouri, and Arkansas), Johnson polled 1.52% of the total vote cast.

If one assumes that Oklahoma would have voted for Johnson at the same level at which voters in neighboring counties voted for him, then Johnson would have polled 20,290 votes in Oklahoma (the Oklahoma vote for President was 1,334,872, and 1.52% of that number equals 20,290).

Johnson is the only minor party presidential candidate in 2012 who was on the ballot in all states bordering Oklahoma, so a similar analysis cannot be made for any other candidate. Jill Stein was not on in Missouri or Kansas; Virgil Goode was not on in Texas, Arkansas, or Kansas.

Oklahoma is a state which has almost always given a higher share of its vote to the Libertarian presidential candidate than that candidate received in the nation as a whole, in the years when the Libertarian has been on the ballot in Oklahoma. In 1980 Ed Clark received 1.07% nationwide but 1.20% in Oklahoma. In 1984 David Bergland received .25% nationally but .72% in Oklahoma. In 1988 Ron Paul received .47% nationally but .53% in Oklahoma. In 1992 Andre Marrou received .28% nationally but .32% in Oklahoma. In 1996 Harry Browne received .50% nationally but .46% in Oklahoma. In 2000 Browne received .36% nationally but .53% in Oklahoma.

South Carolina Governor Appoints New U.S. Senator, Creating a Vacancy in U.S. House that will be Filled by a Special Election

On December 17, South Carolina Governor Nikki Haley appointed Congressman Tim Scott to the U.S. Senate, to fill the vacancy created when Senator Jim DeMint said he will resign very soon.

As a result of Scott’s appointment, he will resign from the House. He has been a member of the House starting in 2010, representing the First District, which is centered on Charleston. There will thus soon be a special election to fill that House seat.