New Jersey Supreme Court Gives Exit Pollsters a Rare Legal Defeat

Posted on by September 30, 2009
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On September 30, the New Jersey Supreme Court ruled that no one, not even exit pollsters, should be allowed to approach voters (whether entering or leaving) within 100 feet of a polling place, on election day. The case is In Re: Attorney General’s Directive on Exit Polling, no. A-47. Here is a link to the decision.

Exit polling companies have won many lawsuits in many states, making it possible for exit pollsters to station themselves in close proximity to polling places. Exit pollsters ask voters who are leaving the polling place to fill out a one-page or two-page questionaire, and that is how TV stations can predict the results of elections so quickly. Exit polling also makes it possible for social scientists to know how demographic groups voted.

Tulsa World Story on Exclusion of Independent Candidate from Tulsa Mayoral Debates

Posted on by September 30, 2009
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The September 30 issue of Tulsa World has this story, focusing on Mark Perkins’ exclusion from a radio debate meant for candidates for Mayor of Tulsa. The election is on November 3, 2009. Tulsa is the only city in Oklahoma that uses partisan elections to choose city officials. The sponsors of the recent debate only included the Democratic and Republican nominees. Mark Perkins is also on the ballot, as an independent candidate.

Libertarians File Brief in New Hampshire Case on Presidential Stand-Ins

Posted on by September 30, 2009
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On September 29, the Libertarian Party of New Hampshire filed this 15-page brief in LP of NH v Gardner, 08-cv-367. The case had been filed in 2008 to challenge the refusal of the Secretary of State to permit any unqualified party from using a stand-in presidential candidate on its petitions. This brief is in opposition to the state’s brief, asking that the lawsuit be dismissed. The state argues that if the New Hampshire Libertarian Party wanted the flexibility to get on the ballot before it had chosen its presidential candidate, the party should have done the 3% petition for party status. However, that procedure, which has existed since 1996 in New Hampshire, is so burdensome, it has only been used once (by the Libertarians in 2000). In 2008 it would have required 12,524 signatures. By contrast, in 2000, the one instance at it was used, it required 9,827 signatures. UPDATE: here is the Declaration, attached to the brief, that gives the history of using stand-in presidential candidates on petitions.

Petitioning in New Hampshire is more difficult than in other states. New Hampshire is the only state in which only one signer is permitted on each petition sheet. Partly as a result, the Green Party has never even completed the 3,000-signature statewide independent petition for its presidential candidate, except in 2000. Also the Constitution Party did not complete the 3,000-signature petition for its presidential candidate in either 2004 nor 2008.

Cleveland Plain Dealer Story on Rick Nagin

Posted on by September 30, 2009
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The September 28 issue of the Cleveland Plain Dealer has this interesting story about Rick Nagin, who is in a run-off for one of Cleveland’s city council seats. The election is non-partisan, but the public and the press are still fascinated by the fact that this particular council race is between a member of the Communist Party (Nagin) and Brian Cummins, who is a member of both the Democratic and Green Parties. Nagin does not disavow the organization, but says that he wishes the party had another name, because “Communist” has become such an emotionally charged word. Thanks to Dave Lubecky for the link.