Chicago Democratic Leaders Will Create a Minor Party in a Single Legislative District This Year to Oust a Democratic Incumbent Who Has Been Indicted

On March 13, the federal government charged Illinois Democratic State Representative Derrick Smith with bribery. Nevertheless, on March 20, Smith was renominated in the Democratic primary. His only opponent in the Democratic primary in the 10th district was Tom Swiss, a former executive director of the Cook County Republican Party. Also, the district is majority black, and Swiss is white.

Democratic Party leaders supported Smith in the Democratic primary, because they didn’t want an individual winning the Democratic primary who was, apparently, loyal to the Republican Party. But they hoped to persuade Smith to withdraw after the primary was over. However, he says he is innocent, and has pleaded not guilty, and he won’t withdraw. So Democratic Party leaders now plan to create the Tenth District Unity Party and place it on the November ballot. On May 22 the leaders of this new party will choose a nominee. Six candidates have applied for the new party’s nomination. See this story. The new party will need a petition of 1,500 names. If it gets at least 5% of the vote in November, it will also be ballot-qualified in 2014. It is somewhat likely that the nominee of this new party will win the November election. Thanks to Rick Hasen for the link.

Michael Medved Warns Against Danger of Another Presidential Election With Popular Vote Winner Losing the Electoral College

Michael Medved has this column at The Daily Beast, warning that the U.S. would be severely troubled if the 2012 election turns out like the 2000 election. Medved believes it is somewhat plausible that Mitt Romney might get a majority of the electoral college, but President Obama would have had a substantial popular vote plurality.

Medved does not mention the possibility of an electoral college tie, but that is conceivable. There have been an even number of presidential electors starting with the 1964 election.

Louisiana Experience Shows Top-Two Systems Make it Easier for Incumbents to be Re-Elected Than in a Normal Partisan Nomination System

Although the California press is filled with stories about California’s top-two election system, no newspaper story in California has discussed how the system has worked in Louisiana. This is peculiar, because Louisiana has had 30 years of experience with top-two in congressional elections, and 37 years of experience in state elections.

The most striking observation about Louisiana’s experience with top-two in congressional elections is how it seems to insulate incumbents from being defeated. In the 30 years before Louisiana used top-two for congressional elections, seven incumbents were defeated for re-election. For the period 1948 through 1976, here is the list:

1. In 1960, Harold B. McSween of the 8th district was defeated by Earl Long in the Democratic primary (however, Earl Long subsequently died, and the Democratic Party then chose McSween to fill the vacancy).
2. In 1962, Harold B. McSween of the 8th district was defeated by Gillis W. Long in the Democratic primary.
3. In 1964, Gillis W. Long of the 8th district was defeated by Speedy O. Long in the Democratic primary.
4. In 1966, James H. Morrison of the 6th district was defeated by John R. Rarick in the Democratic primary.
5. In 1968, Edwin E. Willis of the 3rd district was defeated by Patrick T. Caffery in the Democratic primary.
6. In 1974, John R. Rarick of the 6th district was defeated by Jeff LaCaze in the Democratic primary, and then Republican nominee W. Henson Moore won the general election.
7. In 1976, Otto Passman of the 5th district was defeated by Thomas Jerry Huckaby in the Democratic primary.

Then Louisiana switched to the top-two system for Congress, and used it for all elections 1978-2006. During all those 15 elections only once was an incumbent defeated for re-election. That was in 1980, when Claude “Buddy” Leach of the 4th district was defeated by Charles “Buddy” Roemer. This compilation does not include two districts in 1992, when two incumbents were forced to run against each other due to redistricting. Obviously, when that happens, it is impossible for an incumbent not to lose.

When Louisiana went back to a partisan nomination system for Congress starting in 2008, three incumbents were defeated:

1. In 2008, William Jefferson of the 2nd district was defeated in the general election by Republican nominee Joseph Cao.
2. In 2008, Don Cazayoux of the 6th district was defeated in the general election by Republican nominee William Cassidy.
3. In 2010, Joseph Cao of the 2nd district was defeated in the general election by Democratic nominee Cedric Richmond.

Washington state has used top-two in 2008 and 2010. No incumbent member of Congress from Washington lost in either of those elections. However, in the nation as a whole, many incumbents were defeated in those years: 28 in 2008, and 62 in 2010.

Former U.S. Senator Bill Bradley Supports the Idea of a New Party that Could Win 20 Seats or So in Congress

Former U.S. Senator Bill Bradley is being interviewed on various media outlets about his new book, “We Can All Do Better.” On KCBS radio in San Francisco on the morning of May 20, he said that he wishes there were a new political party that would focus on Congressional elections. He said even if that new party won twenty seats in Congress, it could change national economic policy.

Ironically, the worst ballot access laws in the nation are those for independent candidates for U.S. House. There is no state that has a truly impossible ballot access law for minor party and independent candidates for President, although Oklahoma comes close for that office. But for U.S. House, the laws are far more repressive. No independent candidate for U.S. House has ever appeared on a government-printed ballot in either North Carolina or South Carolina. And no minor party or independent candidate for U.S. House has been able to comply with Georgia’s existing law since it was toughened in 1964. Yet the lower courts have repeatedly upheld these laws, even though in both 1974 and 1977 the U.S. Supreme Court said that ballot access laws that are so tough they are seldom used, are probably unconstitutionally difficult. And when these cases from Georgia and North Carolina are appealed to the U.S. Supreme Court, the U.S. Supreme Court refuses to hear them.