New Mexico Approves Party Status for Green, Constitution, and Independent American Parties

Posted on by April 26, 2012
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On April 26, the New Mexico Secretary of State’s office approved the ballot access petitions filed earlier this month for the Constitution Party, the Green Party, and the Independent American Party.

These parties join the Democratic, Republican, Libertarian, Americans Elect, and Independent Parties. The Independent Party, which has been ballot-qualified since 2008 because it polled over one-half of 1% of the presidential vote in 2008, is about to change its name to the Justice Party. New Mexico permits qualified parties to change their names. The Independent Party had nominated Ralph Nader in 2008.

The Independent American Party is not expected to have a presidential nominee. It was formed primarily to make it easier for a particular independent candidate for U.S. Senate to be on the ballot. New Mexico requires substantially fewer signatures for a new party than for an independent candidate. Thanks to Rick Lass for this news.

Keyser, West Virginia, Interprets its Recall Law to Mean that Petition Signers are Liable to Pay for Election, if Recall Attempt Loses

Posted on by April 26, 2012
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Keyser, West Virginia, city officials are interpreting the city’s recall law to mean that if a recall petition successfully gets enough signatures, and then the official being recalled survives the recall vote, then the signers of the petition are financially liable for the cost of putting on the recall election. See this news story. The city is empowered to put a lien on the property of anyone who signs, who becomes liable, and who doesn’t pay.

Keyser is the largest town in Mineral County, in northeast West Virginia, just south of Maryland. It is estimated that a citywide recall would cost $10,000, and approximately 1,000 signatures are needed for a citywide recall. So, the average signer would be liable for approximately $10. Thanks to the Recall Elections Blog, via Rick Hasen, for the link. The Recall Elections Blog points out that if the official subject to the recall loses the recall vote and is ousted from office, he or she is not obliged to pay for the costs of the recall election.

This matter is somewhat reminiscent of the situation in Montana, where Rick Jore, the Constitution Party’s only elected legislator at the time, was forced to pay for the administrative costs of a recount. He had been declared the winner in the original tally, but someone had asked for a recount, and the recount showed he had not won the election after all. Jore was then told that he had to pay for the recount. This matter is also somewhat reminiscent of the situation in Pennsylvania, in which a petitioning group or candidate whose petition is challenged and found not to have enough valid signatures is liable for the costs of the challenge, which can exceed $100,000.

Public Policy Poll Shows Gary Johnson at 15% in Presidential Poll Within New Mexico

Posted on by April 26, 2012
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On April 25, Public Policy Polling released a presidential general election poll from New Mexico, in which the listed choices are President Obama, Mitt Romney, and likely Libertarian Party nominee Gary Johnson. The results: Obama 48%, Romney 35%, Johnson 15%, other or undecided 2%.

The poll shows that 10% of Democrats, 20% of Republicans, and 23% of independents and members of other parties choose Johnson. If Johnson, as the Libertarian nominee, polls as much as 5%, the Libertarians would become entitled to their own primary in New Mexico, assuming that the party during the following year after the election is able to increase its registration up to one-third of 1% of the state registration total. If the party were entitled to a primary, it would no longer be plagued with the election law that requires convention parties to submit separate petitions for each of their nominees other than president. These separate nominee petitions are unique in the nation, and require the signatures of 1% of the last gubernatorial vote. Thanks to Independent Political Report for the link.

Accord May Be Near in Ohio; Both Sides May Agree to Remove Election Law Referendum from November Ballot

Posted on by April 26, 2012
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According to this story, both Republicans and Democrats in the Ohio legislature may strike a deal, in which the proponents of the November 2012 election law referendum would voluntarily remove their referendum from the ballot. The 2011 omnibus election law bill, passed by Republican legislators over Democratic and labor union opposition, is currently set for a popular vote on whether to repeal it. Republicans believe the law probably will be repealed, so this year the Republican majority has been trying to repeal the law in the legislature so as to avoid a popular vote.

So far, Democrats have been insisting that the referendum should take place, but now it seems somewhat likely that both sides will agree to cancel the popular vote.

The 2011 omnibus election law bill contains many provisions that anger Democrats and labor unions. A part of the bill that gets overlooked by the media and most political observers is the part of the bill that attempted to create a constitutional ballot access law. The existing law was ruled unconstitutional in 2006 by the Sixth Circuit. The 2011 legislature attempted to write a new law that would pass constitutional muster, and it seems that new law is doomed, and Ohio will continue to have no constitutional ballot access law for minor parties in place.

Lawrence Lessig Essay in The Atlantic Says Americans Elect Could Put a Third Person in General Election Presidential Debates who would Explain Need for Campaign Finance Reform

Posted on by April 25, 2012
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Lawrence Lessig has this essay in The Atlantic. Lessig has written several books, explaining that the greatest political problem facing the United States is our campaign finance system, which puts undue power in the hands of the wealthy. Lessig believes that Americans Elect may nominate a presidential candidate who would speak about the urgent need to reform campaign finance. Lessig also believes that candidate might possibly get into the general election presidential debate, and that might put the campaign finance issue at the forefront of public awareness.

Lessig is not well informed when he says that no one but the Democratic and Republican presidential nominees have been on the ballot in all 50 states in “the modern era.” Libertarian presidential nominees were on the ballot in all states in 1980, 1992, and 1996. Ross Perot was on in all states in 1992 and 1996. Lenora Fulani was on in all states in 1988. Thanks to Alex Hammer for the link.