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Americans Elect Revises its Web Page

Posted on June 11, 2012 by Richard WingerJune 11, 2012

On June 11, Americans Elect revised its web page, www.americanselect.org. Until today, the webpage had posted the number of “clicks” for each presidential candidate and draft choice. That tally has been removed. Instead, Americans Elect has a new, brief message, essentially thanking many of the individuals and groups that worked on the project. The site also says, “See you in 2013”.

Just for the sake of the historical record, the twelve candidates who received the most clicks are: Buddy Roemer 6,293; Rocky Anderson 3,390; Michealene Risley 2,351; Lawrence Kotlikoff 2,027; T. J. O’Hara 584; Mike Ballantine 425; Blake Ashby 269; Dwight Smith 229; Stuart Hillman 180; Beck Sanderson 170; Merlin Miller 148; Michael Levinson 136. Among this group, the only two who are petitioning to be on the November ballot are Rocky Anderson and Merlin Miller.

The twelve highest draft committees were: Ron Paul 9,498; Jon Huntsman 3,883; Bernie Sanders 2,716; President Obama 1,912; Michael Bloomberg 1,556; Gary Johnson 1,191; Stephen Colbert 848; David Walker 692; Elizabeth Warren 637; Dennis Kucinich 596; Jon Stewart 559; Hillary Clinton 458. Among this group, the only one of these who is petitioning to be on the November ballot is Gary Johnson.

Los Angeles Times Carries Joe Mathews Op-Ed on Top-Two Open Primary

Posted on June 11, 2012 by Richard WingerJune 11, 2012

The Los Angeles Times has this op-ed by Joe Mathews about California’s top-two open primary experience. Thanks to Rick Hasen for the link.

Also see this story in Capitol Weekly, by Amy Wong. And see this Marin Independent Journal story by Brad Breithaupt. Both of these two news stories focus on the exclusion of minor parties from the November ballot.

Jill Stein is Half-Way to Qualifying for Primary Season Matching Funds

Posted on June 11, 2012 by Richard WingerJune 11, 2012

Presidential candidates seeking matching funds must raise at least $5,000 from each of 20 states. The Jill Stein campaign reports that she has now met the threshold in ten states, and is redoubling efforts to meet the requirement in another ten states. She must finish that work before she is nominated on July 15.

Tennessee Files Opening Brief in 6th Circuit in Green Party-Constitution Party Case

Posted on June 11, 2012 by Richard WingerJune 11, 2012

Tennessee has filed this brief in the 6th circuit, in Green Party of Tennessee v Hargett, 12-5271. This is the ballot access case filed by the Green Party and the Constitution Party in July 2011. The parties won in U.S. District Court on February 3, 2012, and the state is appealing. The hearing in the 6th circuit will be July 25 at 9 a.m.

The state’s brief doesn’t seem to explain why the state is asking that the two parties be removed from the November 2012 ballot. One would have expected the brief to make specific points to bolster its argument that the two parties don’t enjoy a modicum of support. The U.S. District Court had not only held the Tennessee law unconstitutional, it had ordered the state to place the two parties on the November 2012 ballot.

When a ballot access law is held unconstitutional, judges sometimes then determine whether the plaintiff parties or candidates enjoy a modicum of support, and if they do, order the plaintiffs onto the ballot. The U.S. Supreme Court itself has placed, or retained, certain candidates and parties on the ballot six times: (1) the American Independent Party in Ohio in 1968; (2) the National Democratic Party of Alabama in certain Alabama counties in 1968; (3) the Socialist Workers and Socialist Labor Parties in New York in 1970; (4) Eugene McCarthy in Texas in 1976; (5) John B. Anderson in Ohio in 1980; (6) the Harold Washington Party in Cook County, Illinois, in 1990.

Another peculiarity of Tennessee’s brief is that it argues the deadline issue is moot, because recently the legislature moved the deadline for a party to submit its signatures from April to August. It is the state that is appealing, not the parties, so when the state says part of the case is moot, the state appears to be arguing against itself.

Federal Lawsuit Filed to Stop Tomorrow’s South Carolina Major Party Primaries

Posted on June 11, 2012 by Richard WingerJune 11, 2012

On June 11, five candidates who were excluded from the South Carolina major party primaries filed a lawsuit in U.S. District Court, asking for an injunction to stop the major party primaries. The primary date is June 12. See this story. The lawsuit is based on the Voting Rights Act. The plaintiffs include three Republicans and two Democrats. The case is Smith v State of South Carolina Election Commission, 3:12-1543.