Virginia Newspaper Says Legislators May Introduce Bill to Require Primary Petitions to be Checked by Elections Officials

In Virginia, all candidates running in either a primary, or petitioning directly onto the November ballot, must submit a petition. However, primary petitions are not checked by the elections officials, whereas independent and minor party candidate petitions are checked by elections officials. This article in the Alexandria Gazette Packet explores the disparate treatment, and says some state legislators are thinking about a bill to require that all petitions be checked by elections officials.

Newt Gingrich, Ron Paul, and Rick Perry All Pay $5,000 Extra Instead of Getting 296 Valid Signatures in D.C.

The District of Columbia Republican presidential primary rules gives candidates a choice of either paying a $10,000 filing fee to the party, or else getting 296 signatures of registered Republicans and paying a fee of $5,000 to the party. These rules changed recently; previously all candidates were required to collect 296 signatures, but the new law gives them a choice of either paying the higher fee and no signatures, or the lower fee plus signatures.

Newt Gingrich, Ron Paul, and Rick Perry all chose the $10,000 filing fee so as to avoid collecting signatures. The only Republicans who chose the $5,000 filing fee plus the signatures are Jon Huntsman and Mitt Romney. Rick Santorum will not be on the ballot. However, D.C. permits write-ins in presidential primaries and does count write-ins in presidential primaries if it appears that the write-in candidate may have polled enough write-ins to get even one delegate to the national convention. UPDATE: although the Democratic and Green Party presidential primaries permit write-ins, the Republican presidential primary does not. This is a decision made by each party.

The law lets each party set its own fee. The Democratic Party let candidates either submit a petition, or pay a $2,500 fee. President Obama is the only candidate who filed, and he did it with the petition, which required 1,000 signatures from registered Democrats.

The Green Party presidential primary will carry Jill Stein, who got on the ballot by collecting 41 signatures of registered Greens.

Final Brief Filed in D.C. Write-in Counting Lawsuit

On January 4, 2012, the Libertarian Party filed the final brief in Libertarian Party v District of Columbia Board of Elections, 11-7029. This brief sums up the issue clearly. Does the U.S. Constitution require elections officials to count all valid votes? The D.C. Board of Elections says it costs too much to count write-ins for declared presidential candidates. Bob Barr was the only declared write-in presidential candidate in D.C. in the November 2008 election, and all the sources that print the number of votes received in that election credit him with “zero” votes, because the Board so far has refused to count them.

California State Judge Expedites Hearing in Minor Party Lawsuit Against Top-Two System

The California Superior Court Judge who is hearing Rubin v Bowen has set a hearing date of February 7, 2012, for Rubin v Bowen, RG11-605-301, Alameda County. This is the lawsuit filed by the Peace & Freedom and Libertarian Parties of California, as well as the Alameda County Green Party, against Proposition 14, passed by the voters in June 2010 to establish the top-two system in California. The lawsuit had been filed on November 21, 2011, and originally had a hearing date on March 20, but the plaintiffs sought an earlier hearing, which has now been granted.

Anyone who is free to attend the hearing should do so. A large attendance will show the judge that the issue is important. The address for the hearing is 1221 Oak Street, Oakland, California. That is the County Office Building, next to the Courthouse. The hearing is at 9 a.m. in Department 16.

Virginia Governor Bob McDonnell Doesn’t Know the History of Virginia Ballot Access

According to this story, Virginia Governor Bob McDonnell recently said that the Virginia ballot access law has never kept any credible presidential candidate off the ballot. His statement is not accurate.

In 2008, Chris Dodd, a Democratic U.S. Senator from Connecticut and a candidate for the Democratic nomination, tried and failed to qualify for the Virginia presidential primary. Also in 2008, Duncan Hunter, a U.S. House member from California and a candidate for the Republican nomination, also failed to qualify in Virginia.

The Virginia general election petition rules for minor party and independent presidential candidates are the same as for presidential primary candidates. In 2004, Ralph Nader tried and failed in Virginia. In 1992, Howard Phillips, presidential nominee of the U.S. Taxpayers Party and a former high-ranking official in the Nixon administration, tried and failed in Virginia. In 1984, David Bergland, presidential nominee of the Libertarian Party and the person who placed third in that year’s election, tried and failed. In 1976, Eugene McCarthy, independent presidential candidate and the person who placed third in the election, tried and failed in Virginia.