Sam Rankin Will Attempt to be First Independent Candidate for U.S. Senator on Montana Ballot Since 1936

Posted on by February 10, 2014
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Sam Rankin of Billings, Montana, will attempt to get on the ballot this year as an independent candidate for U.S. Senate in Montana. See this story. No one has qualified as an independent candidate for U.S. Senate in Montana since 1936. Since 1895, Montana has had very severe ballot access laws for non-presidential independent candidates. The law requires signatures equal to 5% of the winning candidate’s vote in the last election. Rankin will need 17,417 valid signatures by May 27.

The deadline was formerly in March, but that deadline was declared unconstitutional in 2012 in Kelly v McCulloch, so the legislature moved it to May. It is conceivable that the May petition deadline is also unconstitutionally early. The primary is June 3. Generally it is unconstitutional for states to require independent candidates to file petitions before the primary.

Ironically, if Rankin had decided to run as the nominee of a new party, he would only need 5,000 signatures, but the deadline for that petition is March 13. Thanks to Mike Fellows for this news.

Harley McLain, Long-Time Ballot Access Activist in North Dakota, Dies

Posted on by February 10, 2014
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Harley McLain, of Valley City, North Dakota, died on February 9 at the age of 62. See this obituary. As the obituary explains, he filed a lawsuit in 1978 that resulted in the Eighth Circuit ruling that North Dakota’s party petition requirement of 15,000 signatures was unconstitutionally difficult. The lawsuit also determined that states must give each candidate and each party an equal opportunity to appear first on the ballot. The decision, rendered in 1980, was McLain v Meier, 637 F 2d 1159.

The basis for the decision was that the party petition, which had been created in 1939, was so difficult that it had only been used once, by the American Party in 1976. As a result of the decision, the number of signatures was lowered to 7,000. McLain v Meier was one of the first federal court decisions to determine that the way to evalulate the constitutionality of ballot access requirements is to examine how often they are used. Back in 1980, 15,000 signatures was 3.3% of the number of eligible signers of North Dakota. The decision showed that a petition hurdle under 5% could still be unconstitutional.

As a result of the 1980 decision, the old South Dakota party petition was also struck down, in 1984. The old party petition was 10% of the last gubernatorial vote, and it had never been used either; it had existed since 1939 as well. The Libertarian Party won the 1984 South Dakota case in U.S. District Court. Another state in the 8th circuit is Minnesota, and Minnesota’s party petition, 5% of the last vote cast, has existed since 1913 and has never been used, and therefore it might be vulnerable to challenge.

McLain was the Reform Party nominee for U.S. Senator in North Dakota in 1998. He polled 1.7% of the vote.

Oklahoma House Elects New Speaker Who Has Been Champion of Ballot Access Reform

Posted on by February 10, 2014
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On February 10, the Oklahoma House elected a new Speaker, Representative Jeff Hickman (R-Alva). In 2013, he was the lead sponsor of HB 2134, which lowered the number of signatures for a newly-qualifying party from 5% of the last vote cast, to exactly 5,000 signatures. His 2013 bill is still alive. During 2013, it passed the House Rules Committee but did not advance any further. Thanks to E. Zachary Knight for this news.

New Lawsuit Filed Against Michigan’s Residency Requirement for Initiative Petition Circulators

Posted on by February 10, 2014
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On February 10, several groups that sponsor statewide initiatives filed a lawsuit against Michigan’s law that bans out-of-state circulators for petitioners. The case is Humane Society Legislative Fund v Ruth Johnson, eastern district, 2:14cv-10601. Here is the Complaint. Thanks to Paul Jacob for the link.

Ohio Constitution Party Runs Candidate Against Speaker John Boehner

Posted on by February 10, 2014
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James J. Condit, Jr., has filed to appear on the Ohio Constitution Party primary ballot, for U.S. House, 8th district. Condit has run against House Speaker John Boehner twice in the past, and intends to do so again in 2014. See this story, which names all the candidates who filed in the 8th district for a spot on a primary ballot.

In November 2012, no one appeared on the ballot against Boehner, but Condit was a write-in candidate, polling 1,938 write-ins. In November 2010, Boehner had opponents from the Democratic, Libertarian, and Constitution Parties. The November 2010 vote was: Republican 142,731; Democratic 65,883; Libertarian 5,121; Constitution 3,701.