Michigan Socialist Party Launches 2012 Petitioning Drive

At the end of May 2011, the Socialist Party launched a petition drive to get itself on the Michigan ballot. Probably 2,000 signatures have been collected so far. The law requires 32,261 valid signatures. However, the law also requires already-qualified parties to poll only 16,083 votes in November 2010 in order to stay on the ballot.

The Socialist Party believes it can at least get 16,083 valid signatures by the petition deadline, July 19, 2012. If so, it plans to file a lawsuit, alleging that the existing law discriminates against new parties, and in favor of old parties, by requiring twice as much support for a newly qualifying party to get on the ballot as it requires an old party to remain on. The U.S. Supreme Court 1968 decision Williams v Rhodes suggested that states cannot discriminate against old parties. Also, the four concurring justices in Communist Party of Indiana v Whitcomb, in 1974, said, “In Williams v Rhodes, this Court held that a discriminatory preference for established parties can justified only by a ‘compelling state interest’.” The Indiana ruling struck down an Indiana loyalty oath for political parties, but Indiana exempted the old parties from the oath. The concurring justices said the Indiana oath was unconstitutional because the law exempted old parties. The other five justices struck down the Indiana oath on First Amendment grounds.

Arizona Greens Intend to Provide Petitioning Assistance to Other Green Parties in Southwest

Now that the Arizona Green Party is safely on the ballot for 2012, due to successfully getting a ballot access bill through this year’s legislature, Arizona Greens are now organizing a search for volunteer members who will petition to restore the Green Party’s ballot status in neighbor states New Mexico, Utah, and Nevada. The party hopes to cover the out-of-pocket travel expenses for its volunteers.

Alaska State Court Says Joe Miller Must Pay Court Costs in Write-in Spelling Lawsuit Case

In November 2010, Alaska election officials determined that Lisa Murkowski had been re-elected to the U.S. Senate on write-in votes. Her Republican opponent, Joe Miller, then filed a lawsuit, arguing that the election tally erroneously included votes for Murkowski that were either invalid, or at least had been cast by voters who should not have been allowed to vote. His lawsuit could not have succeeded on the write-in spelling issue alone, because the tally showed that Murkowski had won even if misspelled write-ins had been discarded. Miller lost the lawsuit.

On June 24, the same state court assessed court costs of $17,000 against Miller. See this story. Miller may appeal. His lawsuit did perform a public service by clarifying the standards for counting write-ins, and Alaska state courts are forbidden to assess court costs against the losing side in lawsuits, if the lawsuit performed a public service.

New Hampshire Court Will Hold Trial on Libertarian Party Ballot Order Lawsuit

On June 20, a New Hampshire state Superior Court Judge said he will hold a bench trial in Blevens v Gardner, the lawsuit filed last year over New Hampshire ballot design. In 2006 the New Hampshire Supreme Court had ruled unanimously in Akins v Secretary of State, 904 A.2d 702, that the state constitution requires that all candidates and all parties have an equal chance for the best position on the general election ballot. The legislature implemented this decision by saying that all party columns should be rotated, so that each column would appear in the best position in part of the state. In 2010, this meant that the Republican column had the best spot in one-third of the state, the Democratic column had the best spot in one-third of the state, and the “Other candidates” column had the best spot in one-third of the state.

However, within the “other candidates” column, Ken Blevens, the 2010 Libertarian nominee for U.S. Senate, always appeared below an independent candidate within the same column. No rotation of names was made within that column. Another issue is whether the Libertarian Party should have had its own party column. New Hampshire is the only state in which it is state policy that unqualified parties can never have their own party column. Briefs will be in by October, and the trial will be in January 2012.