U.S. Supreme Court December 5 Conference

On the afternoon of December 5, the U.S. Supreme Court announced that it had accepted two particular cases. The Court had held a conference earlier in the day to consider which cases to accept. The Court did not release any orders concerning the cases it rejected. That will not be released until Monday, December 8.

Since the Court did not accept any case concerning the eligibility of Senator Barack Obama to be president, it is extremely likely that the Court’s order list of December 8 will show that it denied the New Jersey case on that subject.

Rhode Island Ballot Access Improvement Bill

Rhode Island Senator David Bates (R-Barrington) has agreed to introduce a bill in 2009 that lowers the petition for a new political party from 5% of the last vote cast, to 1% of the last vote cast. Senator Bates has been in the Senate since 1992 and is the Deputy Minority Leader.

The Rhode Island petition to create a new party did not exist until 1994, and it has never been used. Besides requiring a very high number of signatures (currently, 23,489 signatures), it is illegal to circulate the petition during an odd year.

Rhode Island also allows a new party to become ballot-qualified if it runs a candidate for President or Governor using the independent procedure (which allow a partisan label), and if that candidate polls 5%. The only three ballot-qualified parties in Rhode Island in the last 80 years have been the Reform Party, the Cool Moose Party, and the Green Party. Ross Perot did the 1,000-signature petition for president in 1996. Because he got over 5%, that created a ballot-qualified Reform Party. The Cool Moose Party got its ballot-qualified status by running Robert J. Healey for Governor as an independent in 1994 under the Cool Moose label. Healey polled over 5% in both 1994 and again in 1998, so the Cool Moose Party enjoyed qualified status for eight years. The Green Party enjoyed qualified status for four years because Ralph Nader polled over 5% in 2000.

Ken Block, leader of the Rhode Island Moderate Party, is the activist who persuaded Senator Bates to introduce the 2009 bill.

Illinois Presidential Write-Ins

The only four presidential candidates who filed for write-in status in Illinois this year are candidates who were not on the ballot in any state. Illinois has very cumbersome procedures for filing as a declared write-in for any statewide office. Unlike any other state, Illinois provides that candidates must file with each county. Consequently, presidential candidates who weren’t on the ballot in Illinois, but who were on the ballot in certain other states, simply skipped Illinois. Therefore, there are no Illinois write-in results for Alan Keyes, or Brian Moore, or Roger Calero, or Charles Jay, or Gloria La Riva (La Riva didn’t file for write-in status in any state).

The four who did file are Frank Moore, Ronald G. Hobbs, Donald K. Allen, and (in one county only), a Ron Paul slate. Frank Moore got two in Cook County and one in Lake County. Allen got one in Peoria County, one in DuPage County, and one in Cook County. Hobbs got 3 in Cook County and one in Marion County. The Ron Paul elector slate got one in Pope County. Probably the people who filed it, only filed in that one small county.

It would be beneficial if Illinois would change its write-in filing law, to provide that a write-in candidate for statewide office only needs to file with the State Board of Elections. It is absurd to force such candidates to file in each county in which they wish their write-ins to be counted. Illinois has 102 counties.

Markos Moulitsas Favors Merging D.C. in With Either Maryland or Virginia

Markos Moulitsas, founder of Daily Kos, posted on December 4 his own opinion that the way to solve the D.C. voting rights problem is to return D.C. to Maryland, or else add it to Virginia. He writes, “To me, the more obvious solution is to simply have D.C. annexed by either Maryland or Virginia. Can someone explain why that option is either ignored or a non-starter?” See www.dailykos.com, the posting made at 3 p.m. Pacific time on December 4.