CNN/ORC Presidential Poll for Florida Lists Five Candidates

On October 19, CNN/ORC released a poll for the Florida presidential race. See here; scroll down to question 3, which includes five presidential candidates.

Among registered voters, the results are: Obama 49%, Romney 42%, Johnson 3%, Goode 1%, Stein 1%. Among likely voters, the results are: Romney 48%, Obama 47%, Johnson 2%, Goode 1%, Stein under 1%. Thanks to Mike for the link.

Weekly Standard Lengthy Article on Randall Terry’s Independent Presidential Campaign

The Weekly Standard has a lengthy article about Randall Terry, written by Matt Labash. Terry is on the ballot as an independent presidential candidate in West Virginia, Kentucky, and Nebraska, and because he is a candidate for federal office, his television and radio ads cannot be censored. The author of the article interviewed Terry, and learned that Terry’s object is to help defeat President Obama. He believes his television ads will detract from Obama’s vote. If he is correct, this is yet another instance in which the conventional wisdom about “spoiling” is wrong. Thanks to Michael Skaggs for the link.

New Mexico Democratic Party Sues to Restore Straight-Ticket Device to Ballots

On October 11, the New Mexico Democratic Party filed a lawsuit in the State Supreme Court against Secretary of State Dianna Durbin, arguing that she should not have removed the straight-ticket device from general election ballots. She took that action on February 24, 2012, but the Democratic Party’s brief claims it did not receive official notice until September 2012.

New Mexico law does not authorize a straight-ticket device. It says party logos should be on the ballot next to the party’s “ticket”. The Democratic Party construes this language to mean that there must be a straight-ticket device. The case is Democratic Party of New Mexico v Duran, 33860. On October 16, the State Supreme Court put the case on hold, while the Secretary of State attempts to move the case to federal court. She says the case belongs in federal court because many voters have already voted absentee, and it would violate the U.S. Constitution to have the straight-ticket device on some ballots and not other ballots.

The 2012 legislature considered a bill to explicitly provide for a straight-ticket device, SB 218, but that bill did not pass. After the bill failed to pass, the Secretary of State said she would therefore take that as a sign that the will of the legislature was that there should be no straight-ticket device. Previous Secretaries of State had printed a straight-ticket device on the ballot even though the law did not explicitly authorize that. The previous Secretary of State removed the straight-device for all the parties except the two major parties.