Presidential Candidates on Ballots of a Majority of States Are Still Not Determined

Posted on by August 24, 2012
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In a majority of states, no one yet knows which presidential candidates will be on the November ballot. This is partly because in some states, the petition deadline has not passed; in some states, election authorities are still checking petitions; and in some states there are ballot-qualified minor parties that have still not made final decisions as to whom to nominate for President.

States in which the petition, fee, or other paperwork deadline has not yet passed are: Alabama, Arizona, Florida, Hawaii, Kentucky, Louisiana, Mississippi, Nebraska, North Dakota, Oregon, Rhode Island, and Wyoming. August 24 (today) is the deadline in Idaho and Virginia.

States in which the deadline has passed, but election officials are still checking presidential-procedure signatures, or have yet to decide on certain other procedures relevant to presidential ballot access, are: Alaska, Arkansas (revalidation), Connecticut, Maryland, Massachusetts, New Hampshire, New York, Oklahoma, and Tennessee.

States in which it is possible a ballot-qualified party may yet choose a presidential candidate, or replace a presidential candidate with another presidential candidate, are Alaska, Delaware, Florida, Kansas, Michigan, New York, Oregon, and South Carolina. The list in this paragraph does not include various state units of Americans Elect.

States in which courts will determine whether one or two particular candidates get on the ballot are Georgia, Michigan, Pennsylvania, and Vermont.

One Month has Passed Since Georgia Minor Parties Asked for Reconsideration, but No Action from Judge

Posted on by August 24, 2012
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As noted earlier, U.S. District Court Judge Richard W. Story had dismissed the ballot access lawsuit filed by the Georgia Green Party and the Georgia Constitution Party on July 17, before the state had even answered the Complaint. Judge Story wrote “it appears beyond doubt that the plaintiff can prove no set of facts in support of the claim”, and his authority for that was that the Georgia ballot access laws held been upheld already in Jenness v Fortson, Cartwright v Barnes, and Coffield Kemp.

However, on July 24, the plaintiffs had asked him to reconsider, pointing out that all the precedents Judge Story relied on relate to congressional or state office elections. None of the precedents he cited refer to presidential elections. Both the U.S. Supreme Court, in Anderson v Celebrezze, and the 11th circuit, in Bergland v Harris, had ruled that Jenness v Fortson doesn’t control presidential election ballot access. Georgia is in the 11th circuit. It has now been a month since the plaintiffs asked for rehearing, and the judge has not acted on it. The state has not opposed the motion for reconsideration. In normal circumstances, the judge should have responded by now, especially as this is a case that affects the upcoming election. The case is Green Party of Georgia v Kemp, northern district, 1:12-cv-1822. The plaintiffs have presented evidence that the Georgia procedure is so restrictive, no statewide petition in Georgia has succeeded since 2000. There is no other state except Indiana for which that is a true statement.

Republicans Will Formally Nominate on August 27, not August 29

Posted on by August 24, 2012
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The Republican national convention will formally choose a presidential and vice-presidential nominee on the first day of the convention, August 27, Monday. This is a departure from the centuries-old habit that major party presidential conventions choose the nominees toward the end of the convention. This means that the party will choose its national ticket before it has finalized its platform. See this story. Thanks to PoliticalWire for the link.

Ohio Independent Candidate for Legislature Kept Off Ballot Because of his Political Behavior

Posted on by August 24, 2012
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On August 15, U.S. District Court Judge George C. Smith denied ballot access to Greg V. Jolivette, an independent candidate for Ohio state house, 51st district. Jolivette had enough valid signatures, but he was still kept off the ballot because election officials, and the judge, believe he had too many ties to the Republican Party. Here is the decision in Jolivette v Husted, southern district, 2:12-cv-603.

Jolivette is not a sore loser and he did not even vote in the Republican primary, but the judge used Jolivette’s recent close ties with the Republican Party to rule against him. Ohio has the nation’s vaguest law on who can or cannot be an independent candidate. In Ohio, the voter registration form does not ask a candidate to choose a party (or independent status), so there is no concrete method to determine someone’s party membership (or independent status) except the record of whether the candidate votes in a party primary. But even though Jolivette didn’t vote in the Republican primary, he is still tagged as a Republican, against his will. The candidate is appealing to the 6th circuit, which is expediting the case. All briefs will be in by August 31.

Independence Party of New York Seems Secretive About its Presidential Nomination Event

Posted on by August 23, 2012
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New York state law requires ballot-qualified parties to choose their presidential elector candidates no later than September 10 this year. The New York Independence Party state chair, Frank MacKay, had previously said that the Independence Party of New York will choose a presidential candidate on September 24. However, a date that late is not permitted. Parties that engage in fusion for president must coordinate their choice of presidential elector candidates with the major party that is running the same presidential candidate; the two lists must be identical.

Repeated inquiries to chairman McKay about the actual date of the selection have gone unanswered. Perhaps someone reading this blog post knows the answer, or has some suggestions on how to obtain the answer.