Eleventh Circuit Sets Briefing Schedule for Minor Party Lawsuit Challenging Alabama’s March Petition Deadline

The Eleventh Circuit has set a briefing schedule for Stein v Secretary of State of Alabama, 13-15556. This is the case in which the Constitution, Green, and Libertarian Parties challenge the March petition deadline for new parties to submit approximately 44,000 valid signatures, in presidential election years. The parties’ opening brief is due January 14.

The Eleventh Circuit has three ballot access cases. Besides the Stein case, it has the challenge to Alabama’s special election petition requirements, and the Georgia case filed by the Green and Constitution Parties over the number of signatures required for President. The Eleventh Circuit includes Alabama, Florida, and Georgia.

The only other circuit with that many cases of interest to minor parties and independents is the Ninth Circuit. It has the Peace & Freedom Party case over whether Peta Lindsay should have been allowed on the party’s presidential primary ballot; the Libertarian-Green case over Arizona’s voter registration form that lists only the Democratic and Republican Parties; and a challenge to Alaska’s ban on out-of-state petitioners.

Real Clear Politics Article Surveys Difficulties for New Political Party Success in the U.S.

Scott Conroy, a national politics reporter for Real Clear Politics, has this article about why it is so difficult for a new political party in the United States to take root, even when there is widespread antipathy for each of the two older major parties. Conroy was a network TV reporter in 2012 who covered the Mitt Romney presidential campaign full-time.

The analysis says that given the U.S. winner-take-all system, combined with a separate election for president (as opposed to a parliamentary system), it is virtually impossible for a new party to arise. But this ignores the fact that in the 19th century, when the United States had the same election structure, three times one major party died off and was replaced by another. The Federalist Party died after 1820, to be replaced in 1825 by the National Republican Party (which ran John Quincy Adams for president in 1828, and Henry Clay in 1832). The National Republican Party died off and was replaced by the Whig Party in 1835. It died off during the Civil War, having already been replaced as a major party by the Republican Party.

The article has interesting information about Americans Elect.

New York Times Invites Letters on Whether a Multiparty System Would be Beneficial to U.S.

The December 11 New York Times carries a letter to the editor from Peter Bartelmus of New York. The letter advocates a multi-party system for the United States. An editors’ note underneath the letter says, “We invite readers to respond briefly by Thursday for the Sunday Dialogue. We plan to publish responses and a rejoinder in the Sunday Review. Email: letters@nytimes.com.

Pennsylvania Ballot Access Activists Get Appointment with Senate Committee Chair

For several years, Pennsylvania activists have been trying to persuade the legislature to pass the ballot access reform bill, which in the current two-year session is SB 195. The bill has never had a committee hearing. However, State Senator Lloyd Smucker (R-Lancaster), who is chair of the committee that handles election law bills in the Senate, will meet with members of the Pennsylvania Ballot Access Coalition on January 9, 2014, at 8:30 a.m. He had earlier promised to meet with them on October 28, 2013, but that meeting had been cancelled.

A majority of members of the Committee either co-sponsor the bill, or have said that they favor a hearing, but so far Senator Smucker has not scheduled a hearing.

Nevada Files Brief with U.S. Supreme Court, Urging Court Not to Hear Republican Challenge to “None of These Candidates”

On December 9, the state of Nevada filed this brief with the U.S. Supreme Court in Republican Party of Nevada v Miller, 13-442. The issue is whether the plaintiffs who filed the case in 2012 had standing. They included some voters who said they have voted for “None of these candidates” in the past, and intend to do so in the future, and who say if “None of these candidates” actually wins a primary or an election, they want that win to actually have a consequence. Another set of plaintiffs were two Republican candidates for presidential elector in 2012.

The state’s brief defends the Ninth Circuit opinion which said that all plaintiffs lack standing. The state’s brief also has an interesting account of the history of Nevada’s “none of these candidates” law, and mentions the relatively few instances when “none of these candidates” got the most votes even though there were at least two candidates in the primary or election. “None of these candidates” is only printed on Nevada ballots for statewide office, nor district or local office.