Efforts Underway in at Least Six States to Lobby for Better Ballot Access Laws in 2012

The last two months of the year are good times for anyone who wants better ballot access laws (or better laws of any kind) to ask a state legislator to introduce such bills early in the following calendar year. While state legislative sessions in most states are longer and more active in odd years, almost all state legislatures meet in even-numbered years as well.

If a legislator is not approached in the next two months, he or she is likely to tell you that it is already too late, because in most state legislatures, there is a limit on the number of bills that any one legislator may introduce.

In Alabama, Don Webb has already persuaded Senator Cam Ward to introduce a bill to replace mandatory petitions for candidate ballot access with a filing fee. That bill should be pre-introduced shortly.

In New York, Harry Kresky has been diligently working for a bill to replace mandatory petitions for candidate ballot access with filing fees. Kresky is chair of the election law committee of the New York County Lawyers Association. That association, as well as the New York City Bar Association, has already approved the idea. Now the work will begin to persuade the State Bar Association, and then to find a sponsor in the legislature.

In Nebraska, the Libertarian Party believes it has already found a sponsor for a bill to say that when a party meets the vote test to retain its place on the ballot, the effect of meeting the vote test lasts four years, not just two years.

In Georgia, the Advisory Commission on improving the election laws will probably release its report soon, and it is hoped that the report will recommend a substantial easing of the ballot access laws.

In California, an influential state legislator has already tentatively agreed to amend an existing election law, to re-define “political party” so as to require it to have registration of one-third of 1% of the last gubernatorial vote, instead of the current 1%. If this idea were to pass, the Libertarian Party, the Peace & Freedom Party, and also Americans Elect, would be spared the need to do an expensive registration drive (to increase the number of registered voters in these parties) in order to remain ballot-qualified.

In North Carolina, the ballot access improvement bill that has passed the House may yet get a vote in the Senate in the special session next month.

Ohio Law that Criminalizes “Making a False Statement Concerning the Voting Record of a Candidate” Challenged in 6th Circuit

In 1995, the Ohio legislature passed SB 9, which says “No person, during the course of any campaign for nomination or election to public office or office of a political party, shall knowingly…make a false statement concerning the voting record of a candidate or public official.” Ever since enactment, this law has been the subject of lawsuits over how it should be interpreted, and whether it is constitutional. A fresh onslaught against the law is pending in the 6th circuit, Susan B. Anthony List v Steven Driehaus, 11-3894.

The new lawsuit was triggered when Democratic Congressman Steven Driehaus filed a complaint in 2010 (while he was running for re-election) against the Susan B. Anthony List, which intended to run billboards that said, “Shame on Steve Driehaus! Driehaus voted for taxpayer-funded abortion.” The Susan B. Anthony List is a pro-life political organization. Enforcement of the Ohio law is in the hands of the Ohio Election Commission, which is composed of political appointees. Although Driehaus held himself out as a pro-life member of Congress, he voted for President Obama’s health care bill. He said that because President Obama promptly issued a regulation banning use of federal funds to pay for abortion, he did not vote for taxpayer-funded abortion, and the billboard message was therefore false. The Anthony List points out that federal regulations can be withdrawn, and defends the essential accuracy of its proposed billboards, which were never erected due to the legal threat.

The Anthony List then filed a lawsuit in U.S. District Court in Cincinnati, arguing that the Ohio law, criminalizing untrue messages in campaigns, is unconstitutional, at least as applied in this situation. The case is Susan B. Anthony List v Driehaus and Ohio Elections Commission, 1:10-cv-754. Congressman Driehaus was defeated for re-election in November 2010, and in December he withdrew his complaint that had been pending in the Ohio Elections Commission. But, he then countersued in the pending federal case, and charged the list with defamation and loss of livelihood.
The case was assigned to U.S. District Court Judge Timothy S. Black, who ruled on August 1 on procedural grounds (standing, ripeness, 11th amendment, among others) that the List’s lawsuit against the law should be dismissed. Given that the law was therefore still intact, he said the Driehaus defamation lawsuit against the List could proceed, and permitted discovery on whether the List had an animus against Driehaus.

The List has now asked the 11th circuit to reverse the U.S. District Court’s decision that said the List’s lawsuit against the Ohio law should be dismissed. The lawsuit is getting a great deal of publicity, especially on television public affairs programs with hosts who are angry with Driehaus. Driehaus is now working overseas in the Peace Corps. Judge Black has been criticized for not recusing himself, since between 1986 and 1989 he was President and Director of Planned Parenthood Association of Cincinnati. Thanks to Eric Garris for this news.

Five Libertarian Presidential Candidates Debate Each Other

At the recent Illinois Libertarian Party state convention, five candidates seeking the presidential nomination of the Libertarian Party debated each other: Roger Gary (Texas), R. J. Harris (Oklahoma), Carl Person (New York), Bill Still (Virginia), and Lee Wrights (Texas). The debate can be seen if one goes to rjharris2012.com. Scroll down to “Illinois 2012 Libertarian Presidential Candidate Forum.” The debate lasts an hour. The convention was October 21-23 in Bloomington.

If, while you are watching, the picture vanishes, be patient; it comes back fairly quickly. And even while the picture is missing, the sound continues.

UPDATE: the video is available on the R. J. Harris campaign web page rjharris2012.com, and also on the Lee Wrights campaign web page, wrights2012.com.

Apparently, the only two political parties in the United States that have had presidential candidate debates so far this year are the Republican and Libertarian Parties. If there are other examples, perhaps a commenter can say so. Thanks to Independent Political Report for the news.

Rare Book on Nader 1996 Presidential Run is Available On-Line

Linda Martin’s book “Driving Mr. Nader, the Greens Grow Up”, is apparently the only book ever written about Ralph Nader’s 1996 presidential campaign. Although lots has been written about his runs in 2000, 2004, and 2008, the fascinating 1996 campaign seems almost forgotten. Even though Nader refused to spend more than $5,000 on his 1996 campaign, and even though he was only on 23 ballots, he placed fourth in 1996. Here is the link to the book. It has been virtually impossible to find in paper form, because fewer than 500 copies had been printed.

New Hampshire Republican Presidential Primary Will List 30 Candidates

Thirty candidates will be listed on the January 10, 2012 New Hampshire Republican presidential primary ballot. This is the second-most crowded presidential primary ballot in U.S. history. The most crowded ever was the New Hampshire Democratic presidential primary ballot in 1992, when thirtysix candidates were listed. See this story.

The New Hampshire Democratic presidential primary only has 14 candidates listed, the smallest number in the New Hampshire Democratic primary since 1980.

New Hampshire has very strict ballot access laws for the general election, which courts have upheld on the theory that voters will be confused if too many candidates appear on the ballot. In 2004, only three presidential candidates appeared on the New Hampshire November ballot.