Vermont Ballot Access Hearing Postponed Because of Bad Weather

A Vermont Superior Court had been set to hear oral arguments in Trudell v Markowitz on October 1 at 3 p.m.  However, the hearing has been postponed because of heavy rain in Montpelier.  The issue is the constitutionality of Vermont’s new June petition deadline for independent candidates.  The primary is in August and the plaintiff-candidate, Jerry Trudell, had submitted a petition just before the primary, but too late under the new law.  He is running for U.S. House.

Congress Passes Bill Giving Semi-Official Recognition to Commission on Presidential Debates

Since 1987, the Commission on Presidential Debates has been the only group that has held general election presidential debates in which the major party nominees have been willing to participate.  The Commission receives support from large for-profit corporations, and these corporations are permitted to deduct deductions from federal income taxes.

On September 30, Congress unanimously passed S.3196, which will apparently be the first law to mention the Commission on Presidential Debates.  The bill provides certain presidential candidates with office space and equipment and security clearances, before the general election.  Specifically, nominees of parties that polled at least 25% of the presidential vote in the last election receive this assistance within three days after they are formally nominated.  Other presidential candidates are also potentially eligible, if they are on the ballot in enough states to theoretically win the election, and if the Administrator of the General Services Administration believes the other candidate “has demonstrated a significant level of public support in national public opinion polls, so as to be realistically considered among the principle contenders for President.”  To help the Administrator decide, the bill says he or she should “consider whether other national organizations have recognized the candidate as being among the principle contenders for the general election, including whether the Commission on Presidential Debates has determined that the candideate is eligible to participate in the candidate debates for the general election.”

It does not follow logically that the Commission on Presidential Debates shall forever into the future limit its debates to candidates who have a realistic chance of being elected.  But because the Commission will now be mentioned in federal law, with a legal presumption that it will stick to that policy, it will be even more difficult than ever to persuade the Commission to liberalize its criteria.  The Commission in recent presidential years has required a candidate to be at 15% in polls in order to be invited into the debates.  Thanks to Dan Tokaji for this news.

The bill had been introduced by Senator Ted Kaufman of Delaware.  When he introduced the bill, he said on the floor of Congress, “Third party candidates will be eligible if they meet the same criteria used by the Commission on Presidential Debates to participate in general election debates.”

Independent Candidate for Massachusetts Lieutenant Governor Remains on Ballot, but Endorses Republican Ticket

On October 1, Paul Loscocco, the Lieutenant Governor running mate of Tim Cahill, independent candidate for Governor of Massachusetts, said he is withdrawing and that he urges voters to vote for the Republican ticket for Governor and Lieutenant Governor.  But, it is too late to remove Loscocco’s name from the ballot, and he will still appear on the ballot as an independent candidate for Lieutenant Governor.  Massachusetts is a state in which Governor and Lieutenant Governor are elected as a team.