Pennsylvania Green and Libertarian Parties Both Set New Record in 2010 for Legislative Nominees

The Pennsylvania Green Party, and the Pennsylvania Libertarian Party, both had legislative candidates in 2010 who set new records for each of those parties in legislative campaigns in that state.

The Green Party nominee for State House, 194th district, Hugh Giordano, received 18.50% of the vote in a race that also included a Democrat and a Republican. Giordano almost outpolled the Republican, Timothy Downey, who got 19.77%. The district is partly in Montgomery County and partly in Philadelphia County. Giordano is a 26-year-old organizer for the United Food and Commercial Workers Union (UFCW). He won the endorsement of one of the Democrats who had sought the Democratic nomination for this seat. Giordano’s share of the vote is the highest for any Green Party nominee (who was not simultaneously the nominee of the Democratic Party) for Pennsylvania legislative races. The previous Green Party best percentage for a Pennsylvania legislative race had been 17.43% in 2006, but that was a race with only one major party nominee.

The Libertarian Party nominee for State House, 120th district, Tim Mullen, received 14.91% of the vote in a race that also included a Democrat and a Republican. The district is in Luzerne County, which contains Wilkes-Barre. Mullen is a health care professional and a veteran of both Iraq wars. He knocked on the doors of a majority of the voters in the district. He was endorsed by the Luzerne County Controller, as well as the Republican nominee for the 120th district from the 2006 election. He is the only Libertarian for Pennsylvania legislature (running against opponents from both major parties) who has ever exceeded 8.81% of the vote.

Minor party candidates in Pennsylvania, especially for an office that is not close to the top of the ballot, suffer from that state’s straight-ticket device. The last time a minor party elected anyone to the Pennsylvania legislature was 1934, when the Socialist Party re-elected its two legislators from Reading.

Alaska Bill for a Top-Two Primary

On January 14, Alaska Representative Max Gruenberg (D-Anchorage) introduced HB 77, to provide for a top-two election system for state office and congress. The bill says that anyone who doesn’t qualify for the general election ballot may file as a declared write-in candidate for the November election, even if that person ran in the primary and didn’t place first or second. The bill also lets candidates choose any party label. The label can be the name of a qualified party, or it can be the name of a “political group.” “Political group” is defined in Alaska law as “a group of organized voters which represents a political program and which does not qualify as a political party.” There are no numerical or organization requirements to be a political group, so in essence a candidate could choose any label, and the label need have no connection with how the candidate is registered to vote.

The bill’s provision for electing a Lieutenant Governor is awkward. Unlike the other top-two states (Louisiana, Washington, and California), Alaska elects a Lieutenant Governor jointly with the Governor in November. However, in the Alaska primary, the offices are voted on separately. HB 77 says the gubernatorial candidate who places first in the primary may choose, as a Lieutenant Governor running mate, either the person who came in first, or the person who came in second, in the primary. Then, the gubernatorial candidate who placed second in the primary must run with the Lieutenant Governor candidate who placed either first or second but who was not chosen by the other gubernatorial candidate. This could force the gubernatorial candidate who had placed second in the primary to run with someone from an opposing party. For example, if in the gubernatorial primary a Republican placed first and a Democrat placed second, but in the Lieutenant Governor primary two Republicans placed first and second, then the Democratic gubernatorial candidate would be forced to run with a Republican Lieutenant Governor candidate.

U.S. Resident Aliens Sue to Gain Ability to Make Contributions to Federal Candidates

Several residents of the United States who are not U.S. citizens have sued to win the ability to make campaign contributions in federal elections. On January 7, U.S. District Court Judge Ricardo Urbina ruled that they have standing to pursue their case. Here is the decision in Bluman v Federal Election Commission, 10-1766, in Washington, D.C. U.S. law already lets permanent resident aliens contribute. But aliens who are here legally, and may work in the U.S. legally, but who lack permanent status, are barred from contributing.

Judge Urbina also ruled that the case should go to a 3-judge U.S. District Court, to challenge the law itself that makes contributions from aliens illegal. But, a separate lawsuit will be needed if the same plaintiffs also want to challenge the regulations on that subject, because a lawsuit against the regulations must go before a single U.S. District Court, not a 3-judge court.

See this news story from Courthouse News Service, which gives details about the individuals who brought the case, and why they are so passionate about their desire to make campaign contributions.

Inventor of “Top-Two” Election System is Released from Federal Prison

On January 13, former Louisiana Governor Edwin Edwards was released from federal prison. See this story. Edwards is the person who invented the “top-two” election system. He not only persuaded the Louisiana legislature to pass the idea in 1975; he also carried on a high-powered campaign to persuade the U.S. Justice Department, Voting Rights Section, to approve the idea. The Department had previously rejected the idea when Mississippi had passed it.

Edwards believed the top-two system would make it easier for conservative Democrats to continue to win elections in Louisiana. Louisiana has been using that system for state and local elections for the past 35 years. Louisiana used it for congressional elections between 1978 and 2006, and during those years, no incumbent member of either House of Congress was ever defeated for re-election (except in 1992 when, because of redistricting, incumbents had to run against each other). Washington state started using the top-two system in 2008, and no incumbent member of Congress from that state has been defeated for re-election either, since top-two has been in effect.

Inventor of "Top-Two" Election System is Released from Federal Prison

On January 13, former Louisiana Governor Edwin Edwards was released from federal prison. See this story. Edwards is the person who invented the “top-two” election system. He not only persuaded the Louisiana legislature to pass the idea in 1975; he also carried on a high-powered campaign to persuade the U.S. Justice Department, Voting Rights Section, to approve the idea. The Department had previously rejected the idea when Mississippi had passed it.

Edwards believed the top-two system would make it easier for conservative Democrats to continue to win elections in Louisiana. Louisiana has been using that system for state and local elections for the past 35 years. Louisiana used it for congressional elections between 1978 and 2006, and during those years, no incumbent member of either House of Congress was ever defeated for re-election (except in 1992 when, because of redistricting, incumbents had to run against each other). Washington state started using the top-two system in 2008, and no incumbent member of Congress from that state has been defeated for re-election either, since top-two has been in effect.