Alabama and Oklahoma Try to Defend their Early Petition Deadlines in Court by Putting Minor Party Plaintiffs on Trial

Lawsuits are pending in U.S. District Court in both Alabama and Oklahoma against state laws passed last year that moved petition deadlines for newly-qualifying parties into March. In Alabama, the lawsuit was filed by the Constitution, Green, and Libertarian Parties. In Oklahoma, the lawsuit was filed by the Green and Libertarian Parties.

In both cases, attorneys for the states have been deposing various minor party state officers and plaintiff-candidates. Their strategy is apparently to deflect the attention of the judge from the issue of the early deadline, onto any perceived defects in the minor parties themselves. Alabama, this month, even took the deposition of Gary Johnson and Jill Stein. Oklahoma this month has taken the deposition of the current state chair, the previous state chair, and the state chair prior to that.

During the period starting in 1968, federal and state courts have struck down early petition deadlines for minor party and independent candidates in 51 separate lawsuits. There are no court precedents upholding a deadline as early as March for a newly-qualifying party, and only one precedent upholding a petition deadline as early as March for an independent candidate (the Lawrence v Blackwell precedent from 2005, upholding the deadline for independent candidates for office other than president, because Ohio’s major parties also nominated in March). Although the 7th circuit upheld a December (of the year before the election) deadline for non-presidential independents in 1986, in 2006 the 7th circuit reversed itself and invalidated that petition deadline.

Early petition deadlines for newly-qualifying parties and independent candidates have been struck down in Alabama, Alaska, Arizona, Arkansas, California, Illinois, Indiana, Kansas, Kentucky, Maine, Maryland, Massachusetts, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, North Carolina, Ohio, Pennsylvania, South Dakota, Tennessee, and Utah. Such deadlines were enjoined in Hawaii and Idaho, although no declaratory judgment was obtained in those two states.

Socialist Workers Party Asks Federal Election Commission to Extend Party’s Exemption from Disclosing its Contributors

On November 7, the Socialist Workers Party asked the Federal Election Commission to extend its exemption from having to identity the individuals who contribute to its federal candidates. See this story from The Militant. In 1982 the party had won a unanimous decision in the U.S. Supreme Court that it need not identify its contributors nor its expenditures. The expenditure exemption was based on the fact that the list of expenditures would necessarily include the names of its branch organizers. The SWP won the case because it showed that when its supporters are identified publicly, they are subject to harassment.

The FEC has never ruled that the SWP is exempt from disclosure forever. The FEC always grants the party an exemption, but limits the time. The current exemption runs out on December 31, 2012.

Humboldt County, California, was Jill Stein’s Best County in the Nation

Humboldt County, California, gave Jill Stein her highest percentage of the vote of any county in the United States. She received 4.36% in that county, which is on California’s northern coast. Humboldt County was also Cynthia McKinney’s best county in California in 2008, and David Cobb’s best county in California in 2004. McKinney received 1.01% in Humboldt County, and Cobb received 1.26%.

Humboldt County was also the Green Party’s strongest county in the 2010 gubernatorial race, when Laura Wells received 4.01% in that county.

Just prior to the 2012 general election, 3.82% of Humboldt County’s registered voters were registered Greens. Within Humboldt County, the Green Party’s center of strength is Arcata, home to one of the California State University campuses. Within the city limits of Arcata in October 2012, 908 voters were registered Greens, out of a total of 12,540 voters in that city. The Green registration percentage in Arcata was 7.24%.