Constitution Party Now Entitled to Appoint Members to 17 Colorado State Boards

Posted on by November 19, 2010
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According to this Associated Press article, the Constitution Party is now entitled to appoint members to 17 Colorado state boards and commissions.  The article quotes the Governor as saying that he will do his best to implement the state law, which says that major parties may make these appointments.  A “major party” under Colorado law is one that polled at least 10% of the last gubernatorial vote.

The Wisconsin Libertarian Party enjoyed somewhat similar success after the 2002 gubernatorial election, when its nominee for Governor, Ed Thompson, polled 10.5% for Governor.  Wisconsin lets all parties that poll at least 10% for Governor appoint a member of the State Election Board.  The Libertarian Party did appoint someone, and no effort was made in the legislature to amend the 10% law.  Thanks to ThirdPartyDaily for the news about Colorado’s boards and commissions.

Colorado Newspaper Summarizes Election Law Gains for Minor Parties, Independents in Colorado This Year

Posted on by November 19, 2010
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The November 19 Durango (Colorado) Herald has this interesting article, summarizing gains in election law for minor parties and independent candidates in Colorado this year.

The article quotes Dick Wadhams, chair of the Colorado Republican Party, as saying that one of these changes injures political parties.  The truth is just the opposite.  This year, all political parties in Colorado won the right (in state court) to choose any registered voter when they replace a nominee with a new nominee.  The ruling applies to the major parties just as it applies to minor parties.  Yet Wadhams seems to think that greater freedom for political parties to choose whomever they wish is “destructive.”

Arizona Ballot Measure to Alter Deadline for Initiative Petitions from July to May is Virtually Tied, Will get Recount

Posted on by November 18, 2010
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On November 2, Arizona voters voted on Proposition 112, to move the petition deadline for initiatives from four months before the general election, to six months before the general election.  Arizona has now counted all ballots, and the measure stands at 792,697 votes in favor, to 792,825 votes against.  With a margin of only 128 votes, the measure will be recounted.  See this story.

The Arizona ballot pamphlet contains ten paid messages advocating that voters pass Proposition 112, and no message or argument advocating a “no” vote.  The legislature had put this measure on the ballot with unanimous votes in both houses.  Elections officials wanted the earlier deadline because it is difficult to check initiative petitions in time for the ballots to be printed in early September, when the petition deadline is in early July.

In 2008, when the 9th circuit struck down Arizona’s early June petition deadline for independent candidates, in a case filed by Ralph Nader, one of Nader’s arguments was that an early June petition deadline wasn’t really needed, because the state had a July petition deadline for initiatives.  After Nader won the case, the legislature moved the independent presidential petition to early September, but moved the independent petition deadline for candidates for other office to May.  The initiative petition deadline is in the State Constitution so it can’t be changed without a popular vote.

Pennsylvania Attorney General Asks for More Time to File Brief in Minor Party Lawsuit

Posted on by November 18, 2010
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The Pennsylvania Attorney General has asked the 3rd circuit to extend his deadline for filing a response in Constitution Party v Cortes.  Courts always grant these requests routinely, so the new deadline will be December 6.  The issues are:  (1) the unique Pennsylvania system of imposing court costs of up to $110,000 on people who submit a petition that is rejected for not having enough signatures; (2) the failure of many counties to count write-ins, even though in Pennsylvania all write-ins are valid votes: (3) the failure of the state to canvass the write-in vote for many bona fide candidates, such as Green Party presidential nominee Cynthia McKinney in 2008; (4) the state’s 15% registration membership test for a party to be on the ballot automatically.

The U.S. District Court had said none of the minor party plaintiffs, or the candidate plaintiffs, have standing to challenge any  of these laws and practices.