The Pharos-Tribune, a daily newspaper in Logansport, Indiana, has this article talking about ballot access in Indiana. The story does not mention, although it could have, that Indiana is one of only four states in which Ralph Nader never managed to qualify for the ballot, in any of his runs for the presidency. Nader is the person who came in third in the last three presidential elections.
On July 24, the Sixth Circuit heard forty minutes of oral argument in Libertarian Party of Ohio v Husted, 11-4066, the ballot access case won by the Libertarian Party in 2011. The Ohio Secretary of State had not appealed, but the Ohio legislature then intervened and did appeal. The issue had been the constitutionality of the February 2012 petition deadline for new parties, a deadline that no longer exists because of actions taken by the legislature during 2012. The statutory deadline for a newly-qualifying party is again in November of the year before the election (in presidential years), the same deadline that was struck down in the Sixth Circuit in 2006.
The three judges seemed to think the case is moot, and the only real suspense seems to be whether the Sixth Circuit lets the 2011 decision of the U.S. District Court stand, or whether the Sixth Circuit vacates it, which means it is as though the decision never existed. Practically speaking, the Libertarian Party will not be removed from the November 2012 ballot in any event. Of course it would be better if the U.S. District Court decision is allowed to continue to exist as a precedent.
Seventeen people were in the audience.
President Obama has started running this ad, which is composed entirely of a short statement by the President himself, on camera. The ad starts with Obama facing the camera and saying, “Over the next four months, you have a choice to make. Not just between two political parties, or even two people. It’s a choice between two very different plans for our country.”
Those statements seem to assert that there are only two presidential candidates this year, even though it is clear that Gary Johnson and Jill Stein will be on the ballot in enough states to theoretically win the election. Virgil Goode may also be in that category, although it is not determined yet.
Obama’s statements stand in contrast to President Ronald Reagan, who, during his second term, while touring the Soviet Union, said in a speech that when he had run for re-election in 1984, he ran in a free election that included not only a Democratic Party opponent, but a Libertarian Party opponent and a Socialist Party opponent.
Obama also said on June 19, 2007, in response to a question while on the campaign trail in Iowa, that he was disinclined to participate in a general election presidential debate if he got the nomination. He said it very indirectly. By contrast, Hillary Clinton, asked the same question in about the same time period, said she probably would participate. Here is the text of what Obama said about inclusive debates in 2007.
Thanks to Political Wire for the link.
On July 24, the Georgia Green Party and the Georgia Constitution Party filed a request for reconsideration in their ballot access case, which is called Green Party of Georgia v State of Georgia and Brian Kemp. U.S. District Court Judge Richard W. Story had last week dismissed the case before the state had even filed its answer.
The reconsideration request points out that the case involves presidential ballot access. Judge Story had dismissed the case, because Georgia ballot access for other office has been upheld before, and Judge Story had cited three cases relating to ballot access for Governor and Congress. The request for reconsideration points out that the U.S. Supreme Court had said in 1983 that states have less interest in keeping presidential candidates off the ballot, than candidates for other office. The request for reconsideration also points out that the Eleven Circuit had said the same thing in Bergland v Harris in 1985. Georgia is in the Eleventh Circuit.
By coincidence, both Gary Johnson and Virgil Goode have been campaigning in North Carolina during the past few days, and even though they didn’t cross paths, they each have said they are willing to debate the other one. Thanks to Kevin Hayes for this news.