Text of Bill to Repeal Presidential Public Funding

Here is the text of the bill in the U.S. House of Representatives that would abolish presidential public funding. The chief sponsor is Representative Tom Cole, Republican of Oklahoma. Thanks to Jeff Patch for the link. UPDATE: the bill is HR 359.

Also, here is a link to Politico’s “The Arena” of January 21. “The Arena” is a place for policymakers to discuss issues, and this issue devotes the first half to the proposal to abolish presidential public funding. The second half is on what President Obama should discuss in the next State of the Union address. Thanks to Rick Hasen’s ElectionLawBlog for the link to “The Arena.”

Kentucky Independent Gubernatorial Candidate Invited to Forum with Major Party Opponents

Kentucky holds its gubernatorial election on November 8, 2011. So far, it appears there are no minor party candidates running in this race. However, one independent candidate, Gatewood Galbraith, is running and is already collecting signatures. Galbraith has been invited to a Kentucky Press Association forum for the gubernatorial candidates, to be held on January 21. The primary is in May, 2011, and the announced Republican gubernatorial candidates, David Williams and Phil Moffett, will also attend. Incumbent Democratic Governor Steve Beshear is also expected to run, but he has declined to appear at this event. See this story.

Galbraith was the Reform Party gubernatorial nominee in 1999, when he received 15.42% of the vote. Galbraith will need 5,000 signatures to appear on the November 2011 ballot. The signatures are due in early August.

Two Cases Involving Minor Party and Independent Presidential Candidates Transferred to Brand-New U.S. District Court Judge

On January 20 and January 21, two pending cases in U.S. District Court in the District of Columbia were transferred to a brand-new U.S. District Court Judge. The new judge is Beryl A. Howell, who was confirmed by the U.S. Senate on December 23, 2010. Before she was a Judge, she had been a federal prosecutor and also had been General Counsel to the U.S. Senate Judiciary Committee.

The two cases are: (1) Libertarian Party v D.C. Board of Elections, which challenges the policy of the District of Columbia Board of Elections over counting write-in votes for presidential candidates who filed a declaration of write-in candidacy; (2) Nader v Federal Election Commission, which challenges the FEC’s failure to take any action at all over Ralph Nader’s complaint that the Democratic Party in 2004 had spent a great deal of money trying to keep him off the ballot and had not reported these expenses.

The write-in case had been filed on August 7, 2009, and the only action so far (besides filing briefs) was that the judge who formerly had the case had asked the U.S. Justice Department to express an opinion. The Department had declined to do so. The Nader case had been filed on June 11, 2010. Generally, when a new judge is confirmed, cases are re-assigned to the new judge, to relieve the workload on the judges who have been there a while, and to give the new judge something to work on immediately.

Utah Legislator, Re-Elected in November 2010, Loses Seat Over Residency

Utah Representative Craig Frank, a Republican, was re-elected in November 2010, but afterwards he himself discovered that he lives slightly outside his district. On January 19, the Republican caucus in the legislature decided not to immediately pass a bill that makes a slight boundary adjustment so as to save Franks’ ability to qualify. See this story.

U.S. House Expected to Vote Next Week on Abolishing Public Funding for Presidential Candidates

On January 20, the leadership of the House of Representatives said there will be a floor vote on January 26 on whether to abolish the public funding program for presidential candidates. See this story. The House leadership says it will bring bills to the floor every week to abolish some particular type of federal spending, and this is the first one in the series. There is apparently no bill introduced yet to take this action, and no committee hearings are expected. Thanks to Rick Hasen for this news.

The public funding program has been in place ever since 1976. It provides nondiscriminatory public funding in the primary season to any presidential candidate, seeking the nomination of any party (no matter how small), if that candidate raises at least $5,000 from each of 20 states. It also provides general election funding to the presidential campaigns of parties that polled at least 5% of the vote in the previous presidential election. If any new party, or any independent presidential candidate, polls 5% or more, then that campaign gets general election funding after the election is over. The only general election funding received by candidates and parties other than the Democratic and Republican Parties has been after the 1980 election, for John Anderson; and for the Reform Party, after the 1996 election and before the 2000 general election.