Nevada Republican Activist Revives “Vote-Swapping” Idea, First Used in 2000

Chuck Muth, a Republican activist in Nevada, suggests here that “vote-swapping”, an idea pioneered by Ralph Nader supporters and Al Gore supporters in 2000, should be revived this year. “Vote-swapping” depends on the internet. The facilitator sets up a web page, and voters in swing states are placed in touch with voters in non-swing states. The idea depends on trust. In 2000, Gore supporters in non-swing states were matched with Nader supporters in swing states, via the web page. The Gore supporter promised his or her “partner” to vote for Nader; in return, the Nader supporter promised to vote for Gore.

California’s Secretary of State in 2000, Bill Jones, had believed that the vote-swapping web page broke election laws, but the 9th circuit rejected Jones’ theory and upheld the legality of the practice.

Muth presumes that many, if not most, voters who lean toward Gary Johnson would be more sympathetic to Mitt Romney than to President Obama, but his assumption isn’t necessarily correct. Muth advocates that someone set up a web page to facilitate vote-swapping to match up Johnson supporters with Romney supporters.

Muth has not been a friend of minor parties and independent candidates. He used his influence to help persuade the 2011 session of the Nevada legislature to make ballot access more difficult. Muth did this because he was angry that in 2010, the Tea Party had placed a candidate for U.S. Senate on the general election ballot, using an easy method for a new party to place someone on the ballot. The Nevada legislature in 2011 repealed the easy method, leaving only a much more difficult procedure in place.

South Carolina Legislative Race Will Probably List Only Two Candidates, a Libertarian and an Independent

It is likely that the only two names printed on the November 2012 ballot in South Carolina’s state house race, 26th district, will be Libertarian Jeremy Walters and independent Raye Felder. See this story.

No Democrat ran. The Republican, Raye Felder, failed to qualify because of the May 2 decision of the State Supreme Court that disqualified all primary candidates who didn’t file Statements of Economic Interest in March. They had to file using printed forms, and also has to file electronically, and over 200 Republicans and Democrats failed to get on the primary ballots because they did not take both actions by the deadline. However, Felder is petitioning to be on the ballot in the general election as an independent candidate, and her petition will probably succeed.

South Carolina has a straight-ticket device, which injures independent candidates. South Carolina permits write-ins in general elections, so conceivably yet another candidate could emerge as a write-in candidate.

Fourth Circuit Rules that Corporations are Still Prevented from Donating to Candidates for Federal Office

On June 28, the 4th circuit ruled in USA v Danielczyk that federal laws that prohibit contributions to federal candidates are still constitutional. Here is the 12-page decision. As is well known, in 2010, the U.S. Supreme Court ruled in Citizens United v FEC that corporations cannot be prevented from spending money to spread their own message about federal candidates and whether voters should support them or not.

The 4th circuit said there are substantial differences between independent spending and campaign contributions. “Direct contributions do not necessarily fund political speech”, the decision says. More importantly, the U.S. Supreme Court has ruled in the past has upheld laws that ban corporate contributions to federal candidates. The most recent such decision, FEC v Beaumont, was issued in 2003.

It is likely that the Danielczyk case will be appealed to the U.S. Supreme Court.

Marilyn Marks Finally Wins her Court Battle to Inspect Old Ballots from City of Aspen

Marilyn Marks, an activist who worries about the accuracy of vote-counting equipment, has finally won her court battle to inspect ballots cast in Aspen, Colorado city elections from 2009. See this story. On June 28, the Colorado Supreme Court said it will not review the State Court of Appeals decision that had said old ballots are public records.

The legislature had passed a bill this year, clarifying that old voted ballots are public records available for public inspection (with certain restrictions), but that had not ended the controversy over ballots from a past election. When the ballots are made available for public inspection, of course there will be no method for knowing which voter put any particular ballot in the ballot box.