Forrest Claypool is Safely on Cook County, Illinois Ballot as an Independent

Forrest Claypool has this commentary in the Huffington Post.  He submitted 90,000 signatures to be on the ballot for Cook County Assessor as an independent.  No one challenged his petition.  He says that he is the first independent candidate on the ballot for that office since the office was made elective, 78 years ago.

He needed 25,000 signatures.  Illinois law requires district and county independent candidates to submit petitions of 5% of the last vote cast, or 25,000, whichever is less.  That law has existed since 1931, although the 25,000-signature cap has only existed since 1980.  Before 1931, the independent petition for district and county office was 2% of the last vote.

It is probably safe to say that more signatures have been collected for independent candidates in Illinois this year, and also in Georgia this year, than at any time in history.

Texas Supreme Court Lets Greens Appear on Ballot, at Least for Now

On July 2, the Texas Supreme Court stayed an order of a lower state court, and gave permission for the Green Party to certify its nominees to the Secretary of State.  The Texas Supreme Court wants to hold a full hearing on the issue of whether the party should be on the ballot, but for the meantime, the party is on.  See this story.  Thanks to Brent McMillen for the link.

Federal Lawsuit Filed Against Michigan’s $500 Cap on Contribution to State House Candidates

on July 2, a lawsuit was filed in U.S. District Court in Michigan against the $500 cap on individual contributions to candidates for State House of Representatives.  See this story.  Campaign contributions are constitutional in general, but a few years ago, the U.S. Supreme Court invalidated Vermont’s cap on contributions because it was only $200.

Technicality Upsets Mary Norwood’s Ability to Get on Georgia Ballot as an Independent

Mary Norwood, independent candidate for Chair of the Fulton County, Georgia, County Commission, will be unable to appear on the November ballot this year, because she did not file a declaration of candidacy by noon, July 2.  The petition deadline is July 13 and her campaign erroneously believed her declaration of candidacy was not due until then either.  See this story.

A somewhat similar law was declared unconstitutional by the 4th circuit in 1990.  That case was from South Carolina, and was called Cromer v State.  South Carolina, like Georgia, at the time required an independent candidate to file a declaration of candidacy before the petition itself was due.  However, South Carolina is in the 4th circuit, and Georgia is in the 11th circuit.  It is possible Norwood could sue, and it is also possible she will file as a write-in candidate for the November election.

Georgia petition requirements for independent and minor party candidates are so difficult, they are seldom used.  No independent candidate for statewide office has qualified in Georgia since before 1943, except for a few presidential independents.  The Georgia Secretary of State’s office has recently told the press that an independent candidate qualified for Labor Commissioner in 2002, but that is not correct.  The November 2002 ballot shows that supposed independent candidate is actually the Libertarian Party’s nominee that year.  The Georgia Secretary of State’s web page, showing that the candidate is an independent, is erroneous.  This error has been pointed out to oficials in the Georgia Secretary of State’s office.  Before 1943, Georgia did not require any petition for independent candidates.  Libertarian candidates appear on the Georgia statewide ballot every election with no need for a petition, because the Libertarian Party always meets the 1% vote test to remain qualified.  However, Libertarians are not on the ballot for district or county office unless they submit the same 5% petition for each of their nominees that independents need for district and county office.

New Mexico Green Party Files Second Ballot Access Lawsuit

On July 1, the New Mexico Green Party filed a second ballot access lawsuit to get its U.S. House candidate on the November 2010 ballot.  One case is already pending in U.S. District Court.  The new lawsuit is in state court.  See this story.

New Mexico is the only state that requires the nominee (not someone seeking the party nomination, but the nominee) of a qualified party to submit his or her own petition.  Alan Woodruff is the nominee of the Green Party, and he complied with that law.  He submitted approximately 4,000 signatures by the deadline on his nominee petition.  But the signatures were rejected because the Secretary of State does not believe the Green Party is ballot-qualified.  The Green Party meets the 5% vote test for a party to be entitled to its own primary, and it meets the one-third of 1% registration membership test.  But it doesn’t meet yet another test, that it have polled at least one-half of 1% for President at the last presidential election.  The new lawsuit in state court says that the state was supposed to have notified the Green Party after the November 2008 election that it had been disqualified, but it did not do so.

The newspaper story quotes Don Trujillo, head of the Elections Bureau, as saying that the only qualified parties in New Mexico are the Democratic, Republican, and Libertarian Parties.  This is incorrect.  Employees of the state election bureau already stated in writing last year that the Independent Party, and the Constitution Party, are also both ballot-qualified.  The Independent Party is ballot-qualified because it polled more than one-half of 1% for President in 2008 (that presidential candidate was Ralph Nader).  The Constitution Party is ballot-qualified because it submitted a successful party petition in 2008, and parties that submit such a petition retain qualified status for two elections.  However, the Independent Party and the Constitution Party have no nominees this year.  The only Libertarian Party nominees this year are three candidates for the state legislature.  These parties would have liked to run nominees (or more nominees) this year, but they were stymied by the requirement that they submit hefty petitions for each of their nominees.