3 U.S. Code, section 6, is titled “Credentials of electors; transmission to Archivist of the United States and to Congress; public inspection.” The text of this law seems to require jurisdictions with electoral votes to count the write-in votes for all declared write-in presidential candidates, if that state’s write-in declaration procedure has provision for the write-in presidential candidate to also submit a list of presidential elector candidates.

Jurisdictions in which various minor party presidential candidates did file in 2012 for write-in status, and yet which in the past have refused to tally such write-ins, include Alaska, the District of Columbia, Oregon, Washington, and Wyoming. In Alaska this year, Virgil Goode filed for write-in status and included a slate of presidential elector candidates. Rocky Anderson did the same in the District of Columbia. It is believed that Jill Stein did the same thing in Wyoming.

The law says, “It shall be the duty of the executive of each State, as soon as practicable after the conclusion of the appointment of the electors in such State by the final ascertainment, under and in pursuance of the laws of such State providing for such ascertainment, to communicate by registered mail under the seal of such State to the Archivist of the United States a certificate of such ascertainment of the electors appointed, setting forth the names of such electors and the canvass or other ascertainment under the laws of such State of the number of votes given or cast for each person for whose appointment any and all votes have been given or cast.”

The Constitution Party intends to ask the Alaska Division of Elections to follow this law and to tally the number of write-ins cast for Virgil Goode, and the Justice Party had already made the same request to the District of Columbia Board of Elections.

On November 6, it appears that seventeen independent candidates were elected to state legislatures. They include one in Georgia, four in Maine, one in Rhode Island, six in South Carolina, one in Tennessee, and four in Vermont.

The four in Vermont were Will Stevens, Paul Poirier, Adam Greshin, and Charles “Tim” Goodwin.

The one in Georgia was Rusty Kidd.

The winner in Tennessee was Kent Williams.

The winners in South Carolina were Katrina Shealy (State Senate); and Raye Felder, Samuel Rivers, Mike Ryhal, Robert Ridgeway, and Kevin Hardee.

The winner in Rhode Island was Edward J. O’Neill (State Senate).

The winners in Maine are Ben Chipman, James Campbell, Jeffrey Evangelos, and Joseph Brooks. Thanks to Peter Moody for help with the Maine list, and to Thomas Jones for the helpful referral to the web page of the National Conference of State Legislatures.

Summing up the November 2012 election, 8 minor party nominees and 17 independents won legislative races, for a total of 25, the largest such number since Ballot Access News has been in existence, and probably the highest such number since the 1940’s.

On November 8, William P. Danielczyk asked the U.S. Supreme Court to rule that he should not be convicted of the crime of arranging for his corporation to make a campaign donation to a candidate for federal office. The U.S. District Court in his case had ruled that the federal law banning corporations from making contributions to federal candidates is unconstitutional. The 4th circuit had reversed the U.S. District Court, and upheld the law banning corporation contributions to federal candidates.

Danielczyk argues that the distinction between corporations making independent expenditures, versus making direct contributions, is not meaningful. The case is Danielczyk v U.S., 12-579. The federal government’s response brief is due December 10. Afterwards, the U.S. Supreme Court will decide whether it wants to hear this case. Thanks to Rick Hasen for this news.