Massachusetts Republican Party Nominates Attorney General Candidate by Write-ins at Primary

At the September 14 Massachusetts primary, no Republican appeared on that party’s primary ballot for Attorney General.  However, write-in candidate James McKenna polled 27,711 write-ins.  He needed 10,000 write-ins to be deemed nominated, and he easily overcame that hurdle.  He had printed and distributed 100,000 stickers.  Massachusetts is probably the last state in which stickers are still legal.  A voter pastes the gummed strip bearing McKenna’s name on the ballot, instead of having to write him in.

McKenna also sent out 17,300 pieces of direct mail.  It is estimated that his write-in campaign cost $40,000.  Massachusetts has approximately 480,000 registered Republicans.  Registered independents, who are far more numerous, were also free to choose a Republican primary ballot and cast a write-in for McKenna.

McKenna would have needed 10,000 signatures of registered Republicans and/or registered independents to get himself on the primary ballot.  It is not known why he didn’t qualify to have his named printed on the primary ballot.

Indianapolis Star Editorializes for Ballot Access Reform

The October 3 edition of the Indianapolis Star has this editorial, advocating several election law reforms, including ballot access reform.  The editorial is good, but it omits a lot of relevant information.  Indiana is one of only four states in which Ralph Nader never appeared on the ballot, even though he placed third in the presidential elections of 2000, 2004, and 2008.  The editorial should have mentioned that.  Other important minor party and independent presidential candidates who have been omitted from Indiana’s ballot include John G. Schmitz in 1972, Eugene McCarthy in 1976, and Ron Paul in 1988.  Parties that never qualified a statewide candidate in Indiana include the Natural Law Party, the Green Party, and the Constitution Party.

Indiana is the only state with difficult ballot access in which there never seems to be any activism to change the laws.  One problem is that Indiana legislative rules require bills to be introduced in December of the year before the session starts.  Now is the time for anyone who lives in Indiana, and who wants to do something about the ballot access problem, to be seeking legislators to sponsor bills in 2011.  Thanks to Mark Rutherford and also Jay Parks for the link.

Thomas L. Friedman Advocates New Major Political Party

Thomas L. Friedman has this column in the October 3 New York Times, making the case that the United States needs a new major political party.  Friedman is a renowned author, reporter, and columnist, a recipient of three Pulitizer Prizes, and the author of five bestselling books.

One hopes that Friedman will get interested in the details of legal barriers to the creation of a major new political party.  He probably lives in New York state.  New York state law is so bad, New York is one of only two states in which it is literally impossible for a group to transform itself into a qualified party during a presidential election year.  These sort of details are not widely known, but if someone with Friedman’s stature would publicize such details, that would enhance the chances for improvement.

North Dakota Libertarian Party Appeals Ballot Access Case to 8th Circuit

On October 1, the North Dakota Libertarian Party filed a notice of appeal to the 8th circuit, in Libertarian Party of North Dakota v Jaeger.  The issue is a state law that does not permit any political party to run a candidate for the legislature, with the party label, unless approximately 10% to 15% of the voters choose to vote in that party’s primary.  North Dakota has open primaries; any voter can choose any party’s primary ballot.  It is wildly unlikely that any new or minor party would ever be able to attract between 10% and 15% of all the primary voters to vote in its primaries.  Traditionally, very few voters in open primary states choose to vote in a minor party primary.  Even the Vermont Progressive Party’s primary this year attracted fewer than 600 voters, yet the Progressive Party regularly elects six or so members of the state legislature.

New Hampshire Ballot Access Hearing Postponed

The hearing in the First Circuit in Libertarian Party of New Hampshire v Gardner, which had been set for November 2, will instead be held during the week of December 6-10.  The Assistant Attorney General who is representing the state had a schedule conflict.  The issues in the case are:  (1) whether unqualified parties may use a stand-in presidential candidate on the petition and later substitute the actual nominee; (2) whether unqualified parties are entitled to protect their party name.