Judge Permits Newt Gingrich, Jon Huntsman and Rick Santorum to Intervene in Rick Perry Virginia Ballot Access Lawsuit

Posted on by January 4, 2012
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On January 4, 2012, U.S. District Court Judge John A. Gibney issued an order, letting Newt Gingrich, Jon Huntsman, and Rick Santorum intervene in the lawsuit filed last month by Rick Perry, over Virginia ballot access in presidential primaries. The judge ordered that the three candidates file a complaint today by 5 p.m. Defendants must respond to those complaints by the close of business on January 6. The hearing will be on January 13.

In other developments in the case, a former Virginia Attorney General, Jerry Kilgore, will be a witness for the presidential candidates, and is expected to testify that the Virginia ballot access requirements are not necessary for any legitimate state interest.

Nebraska Sponsor Found for Ballot Access Improvement Bill

Posted on by January 4, 2012
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State Senator Bill Avery of Nebraska has agreed to introduce a bill to make it easier for minor parties to remain ballot-qualified in Nebraska. He is chair of the Senate Government, Military and Veterans Affairs Committee, the committee that hears election law bills. The bill will provide that when a party meets the 5% vote test, it is then qualified for the next two elections, instead of just the next election.

Other states that provide that when a party meets the vote test, it remains ballot-qualified for the next four years, instead of just two years, are Colorado, Indiana, Kentucky, Minnesota, Missouri, Montana, New Mexico, New York, North Carolina, Rhode Island, South Dakota, Virginia, West Virginia, and Wisconsin.

The Nebraska vote test was only 1% between 1889 and 1925, but in 1925 it was raised to 5%. It applies to any statewide race. There are always at least four statewide partisan offices up in mid-term years, so it is not all that difficult for a party to poll 5% in a mid-term year. But a typical minor party has a very tough time polling 5% in a presidential election year, when nothing statewide is up in Nebraska except President and, sometimes, U.S. Senate.

If you live in a state with bad ballot access laws, now is the time for you and others who share your interest in improving the laws to be seeking a sponsor for a bill to improve the laws.