U.S. Supreme Court Won’t Hear Siegelman Case, Even Though 100 Former Attorneys General Asked Court to Hear Case

On June 4, the U.S. Supreme Court declined to hear Siegelman v United States, 11-955, even though over 100 former state Attorneys General had filed an amicus curiae brief, asking the Court to hear the case. See this story from yesterday’s Los Angeles Times that explains the case. Also, a group of distinguished election law professors had also filed a similar amicus curiae brief. Don Siegelman had appealed his bribery conviction. Many observers felt Siegelman was not guilty and that the Court needed to hear his case to set forth clearer standards about the precise connection between bribery and campaign contributions.

Siegelman is Alabama’s last Democratic Party governor. He was elected in 1998 and barely defeated in the general election of 2002. He had previously served as Lieutenant Governor, Attorney General, and Secretary of State. Now that his U.S. Supreme Court appeal has been denied, he will go to prison.

The U.S. Supreme Court seems to have a pattern of refusing all election law cases, in years after which the Court had received a great deal of criticism for an election law decision. After the December 12, 2000 decision in Bush v Gore, the court then refused all new election cases for all of calendar year 2001, until December 3, 2001. Similarly, the Court has refused all new election law cases during 2011 and 2012 (so far), after having received a great deal of criticism for Citizens United v FEC and Arizona Free Enterprise Club’s Freedom Club PAC v Bennett, two campaign finance decisions decided by 5-4 votes.

San Francisco Chronicle Reporter Speculates on Whether Orly Taitz Will Place Second in California U.S. Senate Race

A reporter for the San Francisco Chronicle, Carolyn Lochhead, has this story about the U.S. Senate race in California, with a focus on whether Orly Taitz will finish second to U.S. Senator Dianne Feinstein in the June 5 top-two “open primary”. The link does not go to the Chronicle, but to another newspaper, which also carried the story.

Socialist Alternative Party Places a Nominee on Washington State Ballot for Legislature

The Socialist Alternative Party has qualified a candidate for the Washington state legislature this year. She is Kshama Sawant. Here is the party’s web page, describing the campaign. She is running in the 43rd district, place one, for State House. Because the only other person who filed is a Democrat, she is guaranteed to place second and will be able to run in November. Here is a community news blog about her campaign.

The Socialist Alternative Party is the U.S. affiliate of the Committee for a Workers’ International, which seems to have its strongest branches in Asia. As far as it known, this candidacy in Washington state is the first time the party has contested an election in the United States.

Because Washington state does not permit party labels to exceed fifteen characters, her ballot label is “Socialist Altern.”

Washington state has very few minor party candidates (for office other than President) this year. The only other ones who are members of actual organizations are one Reform Party member running for Governor, one Constitution Party member running for Lieutenant Governor, one Progressive Party member running for state legislature, and one Green Party member running for state legislature. The Socialist Workers Party nominated a candidate for Governor but she did not pay the filing fee to appear on the primary ballot.

Michigan Libertarian Party State Convention Takes Action to Guarantee Gary Johnson is on the November Ballot

On June 2, the Michigan Libertarian Party held its state convention and nominated candidates for presidential elector. Party representatives will hand-deliver the nomination documents to the Secretary of State on Monday, June 4. The party’s documents certify that the presidential elector candidates are pledged to Gary Johnson who lives in New Mexico. But the party’s documents also say that if the Secretary of State sticks to her position of refusing to allow that, and if no court intervenes, then in that case the party’s presidential elector candidates are pledged to Gary E. Johnson of Austin, Texas.

Gary Johnson, the national Libertarian Party presidential nominee, was on the ballot in the February 2012 Republican presidential primary ballot in Michigan. The Secretary of State is interpreting Michigan law to mean that, therefore, the Libertarian Party is forbidden to nominate Johnson.

Gary E. Johnson of Austin, Texas, is a long-time active Libertarian Party leader in Texas. He attended the recent national convention in Las Vegas and has said he consents to being the party’s nominee for president, in Michigan only, if necessary. However, if the Secretary of State doesn’t relent, first there will be a lawsuit. The Secretary of State’s position is very weak. The law hasn’t changed since before 1980, and in 1980 the former Secretary of State, Richard Austin, interpreted the state’s “sore loser” law not to apply to presidential primaries. Therefore, he printed John B. Anderson’s name on the November 1980 ballot in Michigan even though Anderson had run in the 1980 Republican presidential primary. The Secretary of State disavows this precedent on the grounds that in 1980, Michigan didn’t have procedures for independent presidential candidates, something that is irrelevant, and also not true. Michigan did have procedures in 1980 for independent presidential candidates; they were court-imposed, not statutory, but they still existed.

In all history, no minor party has ever had its presidential nominee kept off any state’s general election ballot on the grounds that the nominee had run in a major party presidential primary. Minor and new parties that have nominated presidential nominees who had run that year in a major party primary include the Progressive “Bull Moose” Party of 1912, the Farmer-Labor and Socialist Parties in 1924, the National Economic Recovery Party of 1988, and the Populist Party of 1988.

May 2012 Ballot Access News Print Edition

Ballot Access News
May 1, 2012 – Volume 27, Number 12

This issue was printed on blue paper.


Table of Contents

  1. MAINE SUPREME COURT SAYS NADER LAWSUIT AGAINST DEMOCRATIC PARTY BEHAVIOR IN 2004 MAY PROCEED
  2. ALABAMA BALLOT ACCESS BILL ADVANCES
  3. NEBRASKA BALLOT ACCESS BILL SIGNED
  4. DEMOCRATIC AND LIBERTARIAN PARTIES ASK HIGH COURT TO TAKE TOP-TWO CASE
  5. LOWER CALIFORNIA COURT WON’T ENJOIN TOP-TWO LAW
  6. HOSTILE ACT BY VIRGINIA GOVERNOR FORCES MINOR PARTIES TO RESTART PETITIONS
  7. SUPREME COURT WON’T HEAR NORTH DAKOTA BALLOT ACCESS CASE
  8. MORE LAWSUIT NEWS
  9. ARIZONA PUBLIC FUNDING SURVIVES
  10. CONSTITUTION PARTY PRESIDENTIAL CONVENTION VOTE
  11. 2012 PETITIONING FOR PRESIDENT
  12. PARTIES NOT ON PETITIONING CHART
  13. ARIZONA AND CALIFORNIA NOW EACH HAVE AN INDEPENDENT STATE LEGISLATOR
  14. TWO ONE-STATE PARTIES NOMINATE ROCKY ANDERSON
  15. CYNTHIA McKINNEY
  16. GREEN PARTY PRESIDENTIAL PRIMARIES
  17. TWO NEW ONE-STATE PARTIES QUALIFY
  18. REFORM PARTY NATIONAL CONVENTION
  19. PRIMARY SEASON MATCHING FUNDS
  20. SUBSCRIBING TO BAN WITH PAYPAL