Newsweek’s Jonathan Alter Writes in Support of “Top-Two”

Newsweek’s latest issue carries this column by its columnist Jonathan Alter, in favor of “top-two” election systems. Here is his column, which is titled, “The Jackass-Reduction Plan.”

Here is the text of a letter Ballot Access News has just sent to Jonathan Alter, outlining six reasons why he should change his mind:

1. “Top-two” helps incumbents and does not “reduce jackasses.” When it was used for the first time in Washington state in 2008, out of 123 state legislative races, only one incumbent was defeated in the primary, and his reputation at the time of the primary was such that he probably would have been defeated under any election system.

2. Corrupt special interests were the top financial backers when the “top-two” initiative (Prop. 62) qualified for the California ballot in 2004. The leading financial backer was Countrywide Home Loans, which at the time was the nation’s biggest home mortgage lender, but which no longer exists, having been bought out by Bank of America in 2008. See http://en.wikipedia.org/wiki/Countrywide_financial_political_loan_scandal (here is a link) for an account of one aspect of Countrywide’s behavior, giving cheap loans to important politicians. Separate from that, Countrywide was sued by 10 states for tricking people into taking out mortgages with disguised adjustable rates, something highlighted in Michael Moore’s new film opening October 2, “Capitalism: a Love Story.” Big business executives favored “top-two” because it screens out from the general election candidates who didn’t have the financial advantages to place first or second in the first round.

3. “Top-two” wipes minor party and independent candidates out of the general election campaign season. This was shown when Washington state used the system for the first time in 2008. For the first time since Washington became a state, no minor party or independent candidates appeared on the November ballot in any congressional election or any statewide state office election.

4. The system may well be unconstitutional. On August 20, 2009, a U.S. District Court in Washington state said the system may be unconstitutional and set the stage for new briefings and a probable trial.

5. “Top-two” greatly increases the cost of campaigning, because it forces candidates to run, in effect, two campaigns in front of the entire electorate (assuming they qualify for the second round).

6. “Top-two” is not favored by people who have studied election systems. Political Science Professor Paul Gronke, of Reed College, posed a question to all 600 political scientists on the Political Methodology listserve, asking how many support “top-two”. Only one political scientist replied in the affirmative. Professor Gronke participated in debates last year when Oregon voters were deciding whether to vote for “top-two”. Gronke opposed the ballot measure, which was defeated 2-1.

Another paragraph in BAN’s letter to Jonathan Alter, not reproduced here, explains why he should not refer to “top-two” as the “open primary.”

Op-Ed in Athens, Georgia Newspaper on Ballot Access Barriers

The Athens Banner-Herald, of Athens, Georgia, ran this op-ed on September 17, by Jeffrey Moss. Moss deplored Georgia’s ballot access laws, which have kept all minor party candidates for U.S. House off the ballot (in regularly-scheduled elections) ever since 1942. The op-ed provoked lots of comments. The very first comment, by someone nicknamed Cornish530, has every standard misconception about ballot access for minor parties.

Cornish530 says it is fair to require candidates, other than Democrats and Republicans, to submit a hefty petition, because the Democrats and Republicans must win a primary in order to get on the November ballot. The commenter forgets that individuals who want the nomination of a minor party also must sometimes fight for that party’s nomination, whether it is made by primary or convention. For example, think of the bitter, fierce struggle in the Reform Party national convention in 2000, between Pat Buchanan and John Hagelin, or the somewhat more muted Green Party national convention fight between supporters of David Cobb and supporters of Ralph Nader.

Also, Cornish530 says that Democrats and Republicans must pay a large filing fee. But, as one of the later commenters says, all candidates in Georgia pay that same large fee, but of course the non-major party members must also complete a 5% petition (if running for district or county office) as well as pay that fee.

Initiatives for California Constitutional Convention Soon to Circulate

Repair California, a group that hopes to get two initiatives on the California ballot to obtain a new state constitution, will submit its proposed initiative language to the Attorney General on September 25. One initiative would authorize voters to call a constitutional convention; the other would actually ask the voters to take that step. Currently, only a two-thirds vote of the legislature can begin the process of considering a new constitution. The existing Constitution dates from 1879, although it was substantially revised in the period 1966-1974.

Also, another group, California Action Network, also plans to circulate an initiative to enable the voters to call for a Constitutional Convention. It has already received its language from the Attorney General, and its petitions are being printed now. See http://CaliforniaActionNetwork.com.

A recent neutral poll show that 70% of the voters would vote for calling a Constitutional Convention. If the initiatives get on the ballot, they would be on the November 2010 ballot. See this story. The proposals envision that the Delegates to the Constitutional Convention would be ordinary citizens, not state legislators.

Paper Issues of Ballot Access News for 1992 Now Available on Web

Thanks to Michael Ravnitzky and Eric Garris, the 1992 paper issues of Ballot Access News are now posted on this webpage. See the links to the upper right, for “paper issues” (not to be confused with “blog archives”). Previously, only the paper issues starting in 1993 had been available. 1992 was a dramatic year, because of the Ross Perot independent candidacy, and also for many developments in election law that occurred that year.

Oregon Peace Party Changes Its Name to Progressive Party

The Peace Party became a ballot-qualified party in 2008 in Oregon. It was formed for the purpose of placing Ralph Nader on the ballot in Oregon. At the time, it was significantly easier to qualify a new party in Oregon than to get an independent candidate on the ballot (thanks to good legislative action in 2009, the independent procedures are now easier than they had been in 2008).

Because the Peace Party polled over 1% of the vote for president, it retained its ballot status, and is ballot qualified for 2010. On September 17, it filed paperwork with the Secretary of State to change its name to the Progressive Party. Oregon permits qualified parties to change their names. However, voters who had been registered in the Peace Party will need to change their registration, if they wish to continue being a member of the party under its new name.

Oregon and Vermont are now the two states that have a ballot-qualified party named the Progressive Party.