New Kentucky Registration Data

Kentucky has released new registration data. The only qualified parties in Kentucky are the Republican and Democratic Parties, but Kentucky keeps track of the number of voters who register into five particular unqualified parties. The numbers for the unqualified parties are quite low, because they aren’t named on the voter registration form, and voters must write them in. However, the new data shows gains for these minor parties, and also higher percentages of voters who are registered Republican and independent.

The new percentages are: Democratic 54.57%; Republican 38.07%; independent and miscellaneous 7.23%; Libertarian .097%; Green .023%; Constitution .008%; Reform .003%; Socialist Workers .002%. By contrast, the percentages in November 2012 were: Democratic 54.85%; Republican 37.91%; independent and miscellaneous 7.12%; Libertarian .086%; Green .021%; Constitution .007%; Reform .003%; Socialist Workers .002%.

The numbers for the April 16, 2013 tally are: Democratic 1,667,073; Republican 1,162,785; independent and miscellaneous 220,703; Libertarian 2,970; Green 713; Constitution 245; Reform 99; Socialist Workers 63. The numbers for November 2012 were: Democratic 1,665,853; Republican 1,151,331; independent and miscellaneous 216,333; Libertarian 2,615; Green 637; Constitution 226; Reform 92; Socialist Workers 66. Thanks to Ken Moellman and Paullie for the data.

Nebraska Bill, Repealing Primary Screen-Out, Passes Legislature

On May 1, Nebraska LB 349 passed the legislature unanimously. It is an omnibus election law bill. Among other provisions, it repeals the law that says if a voter votes in a presidential primary, he or she can’t sign for an independent presidential candidate. Assuming the Governor signs the bill, Texas will then be the only state in which primary voters are not permitted to sign a petition for either a newly-qualifying party or an independent candidate.

The Nebraska bill is the third bill to improve ballot access that has passed in any state legislature this year, as far as is known. The other two were in Virginia and Montana, and each of those two bills has been signed into law.

In 2012, Jill Stein attempted the Nebraska independent presidential petition, but fell short. It is possible she would have been on the ballot if this bill had been passed before the 2012 election.

Three-Party Debate in South Carolina U.S. House Race

On April 30, the three candidates on the ballot for U.S. House, South Carolina First District, debated each other. However, the debate was not televised. It was sponsored by the NAACP of Goose Creek, and was held the evening of April 30. No news article have been found that describes the debate, but here is a story saying it would take place. Thanks to Michael for the link.

Virgil Goode is a Co-Plaintiff in Pending Lawsuit in Alabama Over Presidential Qualifications

Virgil Goode, Constitution Party presidential nominee in 2012, is one of two co-plaintiffs in a case now pending in the Alabama Supreme Court that says the Alabama Secretary of State has a duty to examine the qualifications of presidential candidates before printing their names on the ballot. Briefs from both sides have been filed, and the Court will wait for a reply brief and then decide whether to hear the case. It is McInnish v Chapman, 1120465. The lead attorney is Larry Klayman. Thanks to Bill Van Allen for this news.

Sixth Circuit, in Very Short Opinion, Says Michigan was Right to Keep Gary Johnson Off the 2012 Ballot

On May 1, the Sixth Circuit issued a brief opinion, saying the U.S. District Court in Michigan was correct when it kept Gary Johnson, or any other Libertarian Party presidential candidate, off the ballot in November 2012. The part of the decision on the merits is only one short paragraph long, and does not discuss the factual error in the U.S. District Court’s decision. The U.S. District Court had said in its original opinion that John B. Anderson had not appeared on the 1980 Michigan Republican presidential primary ballot, so the precedent created when Anderson appeared as a minor party presidential nominee in November was not relevant. Later the District Court amended its opinion to acknowledge the error, but did not then re-think the conclusion.

The brevity of the Sixth Circuit opinion, Libertarian Party of Michigan v Johnson, 12-2153, disguises something very important about the case. Gary Johnson in 2012 was the first presidential candidate in U.S. history to be kept off the November ballot as a minor party nominee, on the grounds that his name had appeared on a major party presidential primary ballot. Presidential candidates whose names appeared on the November ballot as a minor party or independent nominee, even though they had run in a major party presidential primary, include Theodore Roosevelt, Robert La Follette, John Anderson, David Duke, Lyndon LaRouche, and Alan Keyes.

The logical reason that “sore loser” laws have not been applied to presidential candidates is that Article II of the U.S. Constitution, and the state election codes of all 50 states, make it clear that presidential electors, not presidential candidates, are the true candidates in November. Candidates for president may be “candidates” for purposes of campaign finance law, but in relation to ballot position, they are not candidates; instead their names appear on November ballots as identifiers for competing slates of presidential elector candidates.