Louisiana Governor Vetoes Bill to Let Independent Candidates Have Ballot Label “Independent”

On July 1, Louisiana Goveror Bobby Jindal vetoed HB 533, an omnibus election law bill, entirely because one small part of the bill lets independent candidates have “independent” as their ballot label. See this story, which contains the Governor’s veto letters (scroll down to find HB 533).

The veto message displays surprising ignorance. Governor Jindal says there is another already-existing section of the election law that bans any party from calling itself the Independent Party. This is true. However, the Governor doesn’t seem to understand that the U.S. Constitution requires all states to provide ballot access procedures for independent candidates, separately and distinct from members of political parties. See Storer v Brown, 415 US 724, at page 745-746. The Court said, “Must the independent candidate necessarily choose the political party route if he wants to appear on the ballot in the general election? We think not.” The fact that the state doesn’t want any political party to call itself “Independent Party” has nothing to do with ballot labels for independent candidates. Furthermore, the label “independent” is so generic and so essential that the State Supreme Courts of Massachusetts and Minnesota have each ruled that the state may not ban that label for independent candidates.

Even more surprisingly, Louisiana has always permitted independent presidential candidate to use a ballot label of “independent.” For example, in November 2008, Ralph Nader appeared on the Louisiana ballot with the label “independent.” Governor Jindal obviously doesn’t know this.

It is unfortunate that the bill was vetoed, because the bill contains another common-sense reform. It provides that the names of presidential elector candidates should no longer be printed on the ballot. The Louisiana November 2008 ballot includes the names of 81 candidates for presidential elector. That occupied lots of space on the ballot and didn’t contribute much useful information. Thanks to Randall Hayes for the link.

June 2011 Ballot Access News Print Edition

Ballot Access News
June 1, 2011 – Volume 27, Number 1

This issue was originally printed on white paper.


Table of Contents

  1. FLORIDA, OKLAHOMA AND TENNESSEE PASS UNCONSTITUTIONAL BALLOT ACCESS LAWS
  2. EARLY DEADLINE BILLS ALSO ADVANCE IN OTHER STATES
  3. OTHER BALLOT ACCESS BILLS
  4. BILLS TO EXPAND WRITE-IN VOTING
  5. OTHER BILL NEWS
  6. LAWSUIT NEWS
  7. 2012 PETITIONING FOR PRESIDENT
  8. MINOR PARTY WINS
  9. CONSTITUTION PARTY POLLS 46% IN ALABAMA LEGISLATIVE RACE
  10. INDIANAPOLIS CITY COUNCILMAN WILL RUN AS LIBERTARIAN
  11. CANADIAN ELECTION
  12. BRITISH VOTERS DEFEAT INSTANT RUNOFF VOTING
  13. GALLUP POLL ON SUPPORT FOR A NEW MAJOR PARTY
  14. SUBSCRIBING TO BAN WITH PAYPAL

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Former Newspaper of the Populist Party Becomes the Official Organ of American Third Position

The Populist Party ran candidates in the United States from 1984 through 1994, on a platform that suggested that whites are discriminated against by many government policies. The presidential nominees of the Populist Party were Bob Richards in 1984, David Duke in 1988, and Bo Gritz in 1992. The party’s newspaper was The Nationalist Times, published originally in Pennsylvania. The party ceased to exist but the newspaper continued, as a monthly. It is now published in Nevada.

On July 1, American Third Position, a new party with somewhat similar views to the Populist Party, announced that The Nationalist Times is the party’s official organ. Don Wassall has been the editor ever since the paper was established.

Ohio Independent Candidate Asks State Supreme Court to Overrule Secretary of State Directive that Bars Independent Candidates from Ballot if they Voted in Primary

On July 1, Timothy Quinn, an independent candidate for Mayor of Elyria, Ohio, this year, asked the Ohio Supreme Court to put him on the ballot. The county Board of Elections kept him off because he voted in this year’s Democratic primary. Elyria has partisan city elections. See this story.

Ohio has no law saying that independent candidates must not have voted in a major party primary. The only restriction is contained in 3513.04, and it bars independent candidates if that candidate had run for office in a partisan primary that year. But in 2007, the Ohio Secretary of State issued a directive that also bars independent candidates if they voted in a major party primary. Ohio registration forms do not ask voters to choose a party.