Arkansas Moves Deadline for Newly-Qualifying Parties to January, and Independent Deadline to March

Earlier this year, the Arkansas legislature passed HB 2036, which moves the petition deadline for newly-qualifying parties from April to January 2, and moves the petition deadline for non-presidential independent candidates from May 1 to March 1. The bill passed the House 83-1, and passed the Senate 35-0. The only state legislator who voted against the bill was Representative John Walker (D-Little Rock). Green Party legislator Fred Smith did not vote on the bill.

The bill, as introduced, only affected independent candidates, but just before it passed the House on April 6, it was amended to also move the deadline for newly-qualifying parties.

Both halves of the bill are unconstitutional. Three times, federal courts in Arkansas have struck down similar laws relating to newly-qualifying parties, and twice federal courts in Arkansas have struck down similar laws for independent candidate petition deadlines. The March petition deadline for newly-qualifying parties was declared unconstitutional the first time in 1977, in American Party of Arkansas v Jernigan, 424 F.Supp.943. The legislature then moved the deadline to May. But in 1987, having forgotten about the 1977 decision, the legislature moved the deadline to January. That was held unconstitutional in Citizens to Establish a Reform Party v Priest, 970 F.Supp.690 (1996). The legislature then lowered the number of signatures for a new party but did not amend the deadline. In 2006, the January deadline was again struck down in Green Party of Arkansas v Daniels, 445 F.Supp.2d 1056.

The non-presidential independent candidate April petition deadline was struck down in 1977 in Lendall v Jernigan, an unreported 3-judge U.S. District Court decision. The U.S. Supreme Court summarily affirmed it, also in 1977, 433 U.S. 901. The legislature moved the deadline to May, but then in 1987 forgot about that decision also, and moved the deadline to January. That deadline was struck down in Lendall v McCuen, an unreported U.S. District Court decision, eastern district, LR-C-88-311.

New York State Will Appeal Credico Ruling

As noted previously, on June 19, a U.S. District Court Magistrate determined that New York election law is unconstitutional because it lets two or more qualified parties jointly nominate the same candidate and gives multiple spots on the ballot for that race, yet when two unqualified parties do the same thing, the candidate can appear on the ballot only once. That case is Credico v New York State Board of Elections, eastern district, 1:10-cv-4555.

The state has asked for more time to file an appeal with the U.S. District Court Judge. When a magistrate makes a ruling, the first appeal from that ruling is to the Judge. The original deadline for the state’s appeal had been July 3, but the state has been given an extension. The objection is now due July 24.

New Los Angeles County Registration Data

California’s Secretary of State only tallies the number of registered voters once in odd years. In 2013, the tally was as of February 10, and there won’t be another state tally until January 2014.

However, some California county election offices keep a running tally of the number of registered voters in each party. Los Angeles County, which holds 26% of the state population, is one of the counties that provides the data, updated daily.

As of July 7, 2013, the percentage of voters in Los Angeles County in each qualified party is: Democratic 50.95%, Republican 21.48%, American Independent 2.24%, Peace & Freedom .59%, Libertarian .53%, Green .51%, Americans Elect .05%. Independents are at 17.84% and voters registered in unqualified parties are at 5.80% (this category almost certainly includes people who left this part of the form blank).

As of February 10, 2013, the percentages in Los Angeles County were: Democratic 51.11%, Republican 21.55%, American Independent 2.24%, Peace & Freedom .51%, Libertarian .53%, Green .50%, Americans Elect .05%, independents 18.11%, members of unqualified parties and blanks 5.39%.

The numbers, as of July 7, are: Democratic 2,458,609; Republican 1,036,437; American Independent 108,031; Peace & Freedom 28,560; Libertarian 25,739; Green 24,521; Americans Elect 2,495; independent 860,723; miscellaneous and blank 280,092. The increase for Peace & Freedom during the last five months is probably because the party is working hard to increase its registration. In February it had 24,950 registrants in Los Angeles County.

Seven or Eight Parties Likely to Have their Own Mayoral Candidate on New York City November 2013 Ballot

New York city voters will probably have seven or eight different Mayoral candidates on their November 5, 2013 ballot. The Republican and Democratic Parties will choose their Mayoral nominees in September, and is is somewhat likely the Democratic race will then require an October 1 run-off.

The Working Families Party will cross-endorse whoever the Democratic nominee is. In the meantime, because the identity of the Democratic nominee is impossible to predict, the party has a place-holder candidate, Kevin Finnegan, who will resign from the ticket.

The Conservative Party has already endorsed Joe Lhota. He may win the Republican primary. It is not clear if he would continue to run on the Conservative Party for November if he loses the Republican primary.

The Independence Party has already endorsed Adolfo Carrion, who is a registered independent. He will run in November as the Independence Party nominee, even if he fails to receive the Republican nomination.

The Green Party nominee will be Professor Anthony Gronowicz.

Some unqualified parties are also expected to appear on the Mayoral ballot. The Libertarian Party nominee is Michael Sanchez. The Socialist Workers Party nominee is Dan Fein. The Liberal Party, which lost its status as a qualified party in November 2002 when it only polled 15,761 votes for Governor, will place John Catsimatidis on the November ballot. He is expected to run as the Liberal nominee even if he fails to win the Republican primary. The Reform Party will attempt to place Carl Person on the November ballot.